By Shazia Siddiqui

In a recent development from the Karnataka High Court, former Chief Minister BS Yediyurappa has been granted relief amidst a contentious legal battle over a POCSO case filed against him. The case stems from allegations that he sexually assaulted a 17-year-old girl at his residence in Bengaluru’s Sanjaynagar on February 2. Following the complaint filed by the minor’s mother, a POCSO case was registered against Yediyurappa on March 14.

Initially, a fast-track court in Bengaluru issued a non-bailable arrest warrant against Yediyurappa on June 13 after he allegedly failed to respond promptly to police notices. However, the Karnataka High Court intervened swiftly, restraining the Criminal Investigation Department (CID) from executing the arrest warrant. Instead, the court directed Yediyurappa to appear before the Special Investigation Team (SIT) conducting the inquiry on June 17. This decision came following Yediyurappa’s counsel’s assurance of his cooperation with the investigation.

Justice Krishna Dixit, presiding over the case, questioned the necessity of arresting a former Chief Minister, emphasizing Yediyurappa’s status and age, hinting at concerns over procedural fairness and the potential impact on a public figure’s reputation. The court expressed skepticism about the urgency of custodial interrogation in Yediyurappa’s case, pointing out lapses in the investigation highlighted by the petitioner’s counsel. These included alleged failures in evidence collection such as CCTV footage and DNA samples.

The judge’s ruling underscored a balanced approach, acknowledging the severity of the allegations while safeguarding Yediyurappa’s rights as a senior citizen and former head of state. The court’s decision not to quash the FIR or stay the investigation reflects its cautious approach to balancing justice for the victim with the rights of the accused.

Significantly, the court’s observations during the proceedings, including concerns over the deceased mother’s numerous petitions and the adequacy of the investigation, have drawn attention. The judiciary’s intervention in this high-profile case underscores the complexities of handling sensitive criminal allegations involving public figures and minors under the POCSO Act.

Overall, the Karnataka High Court’s interim order restrains coercive measures against Yediyurappa pending further legal proceedings, emphasizing cooperation with the investigative process while upholding procedural safeguards and the presumption of innocence. This decision marks a pivotal moment in a case that continues to captivate public and legal scrutiny in Karnataka’s political landscape.

Case Title: B.S. Yediyurappa v. The State of Karnataka & Ors.

Citation: WRIT PETITION NO. 1354 OF 2016 (GM-RES) 

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