POCSO case K'taka HC stays trial court's order of cognisance and summons against Yediyurappa

Bengaluru, Mar 14 (PTI) The Karnataka High Court on Friday stayed the order passed by the trial court taking cognisance of the offences against veteran BJP leader B S Yediyurappa and three others accused based on the charge sheet in connection with a POCSO Act case.
    The High Court has also stayed the summons issued to them, exempting from personal appearances before the trial court.
    A special court (trial court) here, on February 28 had issued summons to 82-year-old Yediyurappa and three other accused in connection with the case, to appear before it on March 15. It had also taken fresh cognisance of a charge sheet filed by the Karnataka Criminal Investigation Department (CID) against them.
    The case was registered on March 14 last year based on a complaint by the mother of a 17-year-old girl who alleged that Yediyurappa sexually assaulted her daughter during a meeting on February 2, at his residence in Dollars Colony here.
    The HC Justice Pradeep Singh Yerur, who passed the interim order, observed that the matter required a detailed hearing.
    The court also exempted the accused from appearing before the trial court until the next hearing and issued a notice to the complainant.
    The stay was granted while hearing Yediyurappa's plea challenging the fresh cognisance taken by the trial court.
    Senior Advocate C V Nagesh, representing Yediyurappa, contended that the complaint was questionable, noting that the complainant and her daughter met the Bengaluru Police Commissioner multiple times after the alleged incident without raising any allegations.
    He also pointed out that key witnesses present at the former CM's residence on the day of the alleged offence had stated that nothing untoward had happened.
    Nagesh argued that the Special Court had mechanically passed its order without due consideration.
    On the other hand, Advocate General Shashi Kiran Shetty, appearing for the state, opposed the petition, asserting that the trial court had found sufficient grounds to proceed with the case.
    He argued that staying the order would adversely affect the prosecution's case.
    The trial court had passed the order of taking cognisance afresh, based on the February 7 order of the High Court. The HC had then directed the trial court to consider afresh and pass appropriate orders on the CID final report in the case.
    The High Court had issued this order while partly allowing the petition filed by Yediyurappa challenging proceedings against him under the POCSO Act, and remitting back to the trial court the criminal case registered against him. It had also granted anticipatory bail to him.
    The CID on June 27 filed a charge sheet in the case at the Fast Track Court.
    The CID, probing charges against Yediyurappa of sexually assaulting a minor girl, has alleged in the charge sheet filed on June 27 last year before a Fast Track Court, that he and three other accused paid money to the alleged victim and her mother to buy their silence.
    Yediyurappa has been charged under Section 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and Sections 354A (sexual harassment), 204 (destruction of document or electronic record to prevent its production as evidence) and 214 (offering gift or restoration of property in consideration of screening offender) of the Indian Penal Code (IPC).
    The other three co-accused -- Arun Y M, Rudresh M and G Mariswamy who are aides of Yediyurappa -- are charged under IPC Sections 204 and 214.
    The 54-year-old victim's mother, who had leveled the charge against Yediyurappa, died at a private hospital here in May last year, due to lung cancer.

(This story has not been edited by THE WEEK and is auto-generated from PTI)