The state counsel stated before the Karnataka High Court Friday that several issues raised by former CM B S Yediyurappa’s counsel in his challenge to the Pocso (Protection of Children from Sexual Offences) case against him had already been dismissed in an earlier petition before the high court. The bench, consisting of Justice M I Arun, is set to hear the matter further, along with Yediyurappa’s response, on October 23. In March 2024, a woman had accused Yediyurappa of inappropriately touching her minor daughter when they visited him to seek help regarding an earlier instance of sexual assault. The Bengaluru police registered an FIR on March 14 that year. Yediyurappa is challenging the cognisance of the case by the lower court for a second time, after a successful earlier challenge resulted in the first cognisance process being re-done. The high court bench, consisting of Justice M Nagaprasanna, had ruled that the initial cognisance had been done without application of mind. Special Public Prosecutor Ravivarma Kumar stated, “In the first petition (before Justice Nagaprasanna), the complaint was challenged, the FIR was challenged, the chargesheet was challenged, the investigation was challenged. all those challenges have been repelled. The cognisance order was also challenged, only that argument was upheld.” The bench stated in an oral observation to Yediyurappa’s counsel, “The entire argument done by you. was on one ground, that is to say, the court ought to have considered the statement versus statement. Other aspects were not argued. only the statement of the victim vis-à-vis the other witnesses. This has already been considered by this court in the earlier petition, and a finding has been given against you. When you have not argued on other counts, including whether the trial court at second instance had applied its mind (with regard to cognisance), the question of allowing your petition does not arise.” The court added that Senior Advocate C V Nagesh, who had represented Yediyurappa earlier, would have to argue on these points.
