The Karnataka High Court on Thursday refused to quash a case against former Chief Minister BS Yediyurappa pertaining to the alleged sexual assault of a 17-year-old girl, Live Law reported.
Justice MI Arun upheld a February order of a special court in Bengaluru that had taken cognisance of a chargesheet in the case and directed the Bharatiya Janata Party leader to appear before it.
The case against Yediyurappa was registered on March 14, 2024, under the Protection of Children from Sexual Offences Act for allegedly assaulting a minor girl, who is a rape survivor in a separate case from 2015. He also faces charges of sexual harassment under Section 354A of the Indian Penal Code.
The 82-year-old leader is accused of having assaulted the girl on February 2, 2024, when she and her mother met him to seek help in the 2015 rape case.
On Thursday, the High Court directed the special court not to insist on Yediyurappa’s appearance during the trial unless “his presence is essential”, Live Law reported.
It also clarified that he is free to seek discharge before the trial court.
On February 7, the High Court granted Yediyurappa protection from arrest and sent the matter back to the trial court, noting that the special court had erred in taking cognisance of the chargesheet. It had then directed the court to pass a reasoned order.
The trial court took cognisance again on February 28, after which the High Court stayed the proceedings in March.
On Thursday, Yediyurappa’s lawyer argued that the case was “politically motivated” and that the complaint lacked credibility, PTI reported.
He told the court that the complainant and her daughter had met the Bengaluru police commissioner several times in February 2024 but did not raise any allegation until March 14, “when certain political turmoil was happening in the state”, Live Law reported.
The lawyer also accused the special court of acting mechanically while issuing the cognisance order without properly evaluating the material on record and urged the High Court to quash the proceedings, PTI reported.
Opposing this, Special Public Prosecutor Ravivarma Kumar argued that the trial court’s order was well-reasoned.
POCSO case against Yediyurappa
The complainant has said that she and her mother met Yediyurappa at his Bengaluru residence on February 2, 2024.
While her mother was explaining the details of the 2015 rape case, she was asked to wait in another room, where the former chief minister allegedly molested her.
Yediyurappa has denied the allegation. He told investigators in June 2024 that he had only been helping the family with legal support in the earlier rape case.
Meanwhile, Yediyurappa and his three associates, Arun YM, Rudresh M and Y Mariswamy, were also charged under provisions of the Indian Penal Code related to destruction of evidence and offering bribes for concealing the offence for allegedly destroying a video recorded by the girl’s mother during the confrontation with the former chief minister after the alleged incident of sexual assault.
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