Pocso case against former CM Yediyurappa: special court orders restoration of crime number

The special court had earlier taken cognisance on July 4, 2024, of a chargesheet filed on June 27, 2024, by the CID police against Yediyurappa under the Protection of Children from Sexual Offences Act. The cognisance was rejected by the high court on February 7, 2025, on the grounds that the judge had not provided reasons for taking cognisance.

Since the case was reverted back to the special court for fresh consideration of the cognisance of the chargesheet, the judge of the Pocso court last week reviewed a statement recorded under section 164 of the Criminal Procedure Code from a teenage victim in the case, as well as the chargesheet from the CID police.

The special court, which was earlier scheduled to hear the case against the former CM on February 28, advanced the hearing to February 12 after the state public prosecutor sought the advancement of the case in light of the February 7 order of the high court.

The case was advanced for hearing by the special court after the special public prosecutor filed an application stating that Section 35 of the Pocso Act 2012 mandates that the evidence of the victim should be recorded within 30 days, and that the trial must be completed within a year from the date of the court taking cognisance of the case.

The high court, in its February 7 order rejecting a plea filed by Yediyurappa for quashing the case, also ruled that the special court judge had erred in applying his mind while taking cognisance of the chargesheet in July 2024, as no reasons were given for the decision.

“The Writ Petition is allowed in part. The order of taking cognizance by the concerned court dated July 4, 2024, qua accused number one stands obliterated,” Justice M Nagaprasanna of the high court stated in the February 7 order.

“The crime, the investigation, and the final report all remain intact. The matter is remitted back to the concerned court to pass appropriate orders on the final report so placed before it by the CID, bearing in mind the observations made in the course of the order,” the court ruled.

The high court has stated that the special court must make a reasoned order for taking cognisance of the chargesheet filed by the CID.

“The court is expected to record reasons for taking cognizance. Though the reasons need not be so elaborate when it records framing of charges or conviction, nonetheless, it must bear application of mind to set further proceedings in motion, as taking of cognizance or issuance of process has some judicial sanctity,” the high court said in its recent judgment.

The high court also granted conditional anticipatory bail to Yediyurappa. “In light of the filing of the final report by the CID, the petitioner would undoubtedly not be required for any custodial interrogation, as no investigation is pending against the petitioner,” it pointed out.

Crime and chargesheet

An FIR was filed on March 14, 2024, against Yediyurappa, 81, by the Bengaluru police based on a complaint by the mother of a teenager, stating that her daughter had been subjected to sexually inappropriate behaviour by the former CM during a visit to his house on February 2.

The CID unit of the police filed a chargesheet against the former BJP CM and three others on June 27 under section 8 (sexual assault) of the Pocso Act, Indian Penal Code sections 354 A (sexual harassment), sections 204 (destroying evidence) and 214 (offering gifts to silence the victim).

The special court cases took cognisance of the chargesheet on July 4 and issued a summons for the former CM and others to appear in court to face trial.

Although no stay was issued by the high court against the proceedings in the special court, the Pocso court proceedings have been stalled since July 4, 2024, with Yediyurappa seeking the quashing of the chargesheet in the high court.