BENGALURU: The Karnataka High Court on Friday quashed the order passed by the trial court taking cognisance of the offences against former Chief Minister and BJP leader BS Yediyurappa under the provisions of the Protection of Children from Sexual Offences Act, 2012 and IPC, for his alleged sexual assault on a minor girl.
Noting that the crime, investigation and the final report submitted by the Criminal Investigation Department (CID) will remain intact, the high court remitted the matter back to the trial court to consider afresh and pass appropriate order considering the materials placed before it by the CID and the observations made in this order. At the same time, the high court granted anticipatory bail to Yediyurappa in this case.
Justice M Nagaprasanna pronounced the order quashing the trial court’s order of taking cognisance on July 4, 2024, while partly allowing the petition filed by Yediyurappa questioning the legality of the crime registered against him under the provisions of the Protection of Children from Sexual Offences Act, 2012 and IPC for his alleged sexual assault on a minor girl when he went to his house along with her mother seeking help. The very same judge also allowed the anticipatory bail plea of Yediyurappa.
Yediyurappa moved the high court in June 2024 seeking to quash the proceedings arising from Crime registered with Sadashivanagar police station in the city. It alleges offences punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and 354A of Indian Penal Code, 1860.
The police had issued a notice under Section 41A of CrPC on March 28, 2024, to Yediyurappa for the appearance and accordingly, he appeared before the Investigating Officer and thereby, participated in the investigation process. The second notice of the first kind dated June 10, 2024, served on him on June 11, 2024, instructed him to appear on June 12 for interrogation but he sought time till June 17 to appear. However, the CID alleged that he is not cooperating with the investigation.
Yediyurappa's counsel argued that the delay brooked in lodging the FIR against the petitioner. The credentials of the complainant, mother of the victim, who breathed her last in the recent past on account of cancer and the nature of allegations levelled against the petitioner. He also mentioned about a plethora of cases filed by the complainant against others and that they are all frivolous as is the case against his client too. Further, he also mentioned the political vendetta, he argued.
By way of interim order, the court had directed Yediyurappa to cooperate with the investigation and not to arrest him when he appeared before police for investigation.