Hearing in Pocso case against former Karnataka CM Yediyurappa advanced after high court reverts it to special court

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

The special court Thursday sought a certified copy of the high court order of February 7 – which quashed the cognizance taken earlier by the court on July 4, 2024, of the Criminal Investigation Department (CID) chargesheet but allowed the case against the former chief minister to continue – ahead of beginning proceedings in the case.

The special court has sought a certified copy of the high court order of February 7 – which quashed the cognizance taken earlier by the court on July 4, 2024, of the Criminal Investigation Department (CID) chargesheet but allowed the case against the former chief minister to continue – ahead of beginning proceedings in the case.

The Karnataka High Court in its February 7 order rejecting a plea filed by Yediyurappa for quashing the Pocso case against him also ruled that the special court judge had erred in the application of mind while taking cognizance of the chargesheet against the former chief minister since no reasons were given for the decision to take cognizance after studying the chargesheet.

“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 Karnataka High Court said 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 high court ruled.

The high court has stated that the special court must make a reasoned order to take cognizance 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 Karnataka High Court said in its recent judgment.

The high court on February 7 also granted conditional anticipatory bail to Yediyurappa while resetting the case to the cognizance stage in the special court.

“In the 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,” the Karnataka High Court pointed out.

Since Yediyurappa “is an octogenarian and has held the position of the Chief Minister of the State of Karnataka and there can be no apprehension that he would not cooperate with the trial on its ensuing. Therefore, notwithstanding the vehement opposition of the learned Special Public Prosecutor to grant anticipatory bail to the petitioner, I find it appropriate to entertain the petition, filed before this Court in the peculiar circumstance and grant anticipatory bail to the petitioner on certain conditions,” the high court said.

FIR and chargesheet

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

The CID unit of the Karnataka Police filed a chargesheet against the former BJP chief minister and three others on June 27 under Section 8 (sexual assault) of the Pocso Act, 2012, and Sections 354 A (sexual harassment), 204 (destroying evidence) and 214 (offering gifts to silence the victim) of the Indian Penal Code.

A special court for Pocso cases took cognizance of the chargesheet on July 4 and issued a summons for the former chief minister and others to appear in court to face a trial.

Yediyurappa approached the Karnataka High Court for the quashing of the case during the process of the CID investigation and the court ruled on June 14, 2024, that the former chief minister should not be arrested and later, on July 12, allowed the exemption of Yediyurappa and three others from appearing in the special court on the basis of the July 4 summons.

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