Interim relief for ex-Karnataka CM Yediyurappa in appearance before court in Pocso case

The present petition before the high court has once more challenged the grant of cognizance in the case against Yediyurappa. Representing Yediyurappa, senior advocate C V Nagesh pointed out that in the previous challenge to cognizance, there had been an interim order granted until the next hearing of the matter by the high court. He also raised the question of delay in lodging the complaint, when in the interim the mother and the alleged victim had met with the police commissioner of Bengaluru.

Advocate General Shashikiran Shetty argued against the petitioner’s reasoning and said, “What they have stated in the (earlier) interim order is incorrect. At best, personal appearance was exempted. The (first) cognizance order was a three paragraph order with no application of mind… The (high) court has said that a full scale trial has to be taken. Let them appear… the statement of the victim has to be recorded within 30 days of the cognizance.”

After hearing the arguments, the court ordered, “Under the circumstances, the matter requires a detailed hearing… till then the benefit of interim order which the petitioner enjoyed in the earlier round of litigation and which is evident on basis of the records placed… the petitioners deserve similar order until the next date of hearing until the matter is decided on merits. Accordingly, there shall be stay of the order taking cognizance, issuance of summons for the offences… it is made that the accused are personally exempted from appearance before the trial court till next date of hearing.”