7 months ago
2
The High Court of Karnataka connected Thursday upheld the caller cognisance of offences taken against 81-year-old erstwhile Chief Minister B.S Yediyurappa by a proceedings tribunal nether the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, connected the allegation of the intersexual battle of a 17-year-old miss astatine his residence successful February, 2024.
However, the HC directed the proceedings tribunal to entertain the applications for exemption of the idiosyncratic quality of Mr. Yediyurappa unless his idiosyncratic beingness is indispensable for the proceedings.
Also, the HC permitted Mr. Yediyurappa and different accused persons to question remedy disposable nether the law, including the proviso for filing exertion for discharge, earlier the proceedings court.
Justice M.I. Arun passed the bid portion disposing of a petition filed by Mr. Yediyurappa and different accused persons questioning the correctness of the caller cognisance of offences taken by the proceedings tribunal connected February 28, 2025.
‘No mistake successful cognisance’
“I bash not spot immoderate mistake successful the mode successful which the proceedings Court has taken cognisance of the offences alleged against the accused and the process that has been issued,” said Justice Arun.
However, the HC declined to see caller arguments contending that the “allegations made against Mr. Yediyurappa and different accused are not sustainable successful the oculus of instrumentality and that the chargesheet bash not disclose immoderate offences arsenic alleged.”
These arguments, Justice Arun said, “were already negatived by the High Court’ successful its February 7, 2025, bid holding that the allegations against the accused if held to beryllium true, bash represent an offence and whether the said allegations are existent oregon mendacious tin beryllium determined lone aft a full-blown trial.”
The HC besides noted that its February 7 bid has attained finality arsenic the accused had not challenged that bid earlier the Supreme Court.
Earlier orders
The proceedings tribunal had passed a caller bid taking cognisance arsenic per absorption of the High Court, which connected February 7, 2025, had partially allowed Mr. Yediyurappa’s earlier petition challenging the proceedings court’s July 4, 2024, bid of taking cognisance.
The High Court successful its February 7 bid had termed the proceedings court’s July 4, 2024 bid arsenic “bald, laconic and cryptic and contrary to the necessity nether Section 190(1)(b) oregon Section 204 of the Code of Criminal Procedure (Cr.PC) arsenic elucidated by the Supreme Court successful its judgments”, portion remitting the substance backmost to the proceedings tribunal for passing bid connected taking cognisance arsenic per the law.
The High Court had said successful its February 7 order: “Voluntary connection fixed by the victim-girl earlier the magistrate nether Section 164 of the Cr. PC confirming the alleged offence, the Forensic Sciences Laboratory’s (FSL) reports certifying that recorded audio-video of speech betwixt Mr. Yediyurappa and victim’s parent astatine his location was not morphed, etc. were the issues that necessitate to beryllium thrashed retired successful a full-blown proceedings arsenic the FSL study could not pb to constitution of the guilt arsenic it had to beryllium tested with evidences.”
The complaint
It was alleged successful the ailment filed by the miss and her parent (who is nary more) that Mr. Yediyurappa took the miss wrong a country successful his location and touched her inappropriately successful the guise of enquiry astir an aged rape case. But Mr. Yediyurappa had denied the incident.
