The case was filed based on allegations by a woman accusing Yediyurappa of molesting her 17-year-old daughter.
The Karnataka High Court on Friday granted anticipatory bail to BJP leader and former Chief Minister BS Yediyurappa in a case registered under the Protection of Children from Sexual Offences (POCSO) Act.
Justice M Nagaprasanna, who had previously granted interim protection from arrest to Yediyurappa, delivered the order.
While granting anticipatory bail, the Court considered that Yediyurappa, an octogenarian and former Chief Minister of Karnataka, was unlikely to abscond or evade trial proceedings.
“The petitioner, as observed hereinabove, 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 as it progresses. Therefore, notwithstanding the strong opposition from the learned Special Public Prosecutor against granting anticipatory bail, I find it appropriate to entertain the petition and grant anticipatory bail to the petitioner subject to certain conditions,” the Court stated.
Karnataka High Court Grants Anticipatory Bail to BS Yediyurappa in POCSO Case, Refuses to Quash Proceedings
The Karnataka High Court has granted anticipatory bail to BJP leader and former Chief Minister BS Yediyurappa in connection with a case registered under the Protection of Children from Sexual Offences (POCSO) Act.
Conditions for Grant of Anticipatory Bail:
The Court imposed specific conditions for granting bail, including the execution of a ₹5 lakh bond with two solvent sureties. Additionally, Yediyurappa has been directed not to tamper with evidence, influence witnesses, or leave the jurisdiction of the concerned court without prior permission.
Background of the Case:
The case was registered following allegations made by a woman who accused Yediyurappa of molesting her 17-year-old daughter. The incident allegedly occurred when the girl, accompanied by her mother, visited the senior BJP leader’s residence seeking assistance.
The girl’s mother, who has since passed away, filed a police complaint on March 14, 2024, alleging that Yediyurappa sexually harassed her daughter and attempted to suppress the matter by offering a monetary settlement.
Based on this complaint, the police registered a First Information Report (FIR) under Section 8 of the POCSO Act and Section 354(A) of the Indian Penal Code (IPC) for sexual harassment of a minor.
Arguments Presented:
During a hearing last month, Yediyurappa denied the allegations, claiming that the girl and her mother had approached him regarding a separate case. His counsel informed the Court that Yediyurappa was merely reviewing details of an earlier case in which the girl had been a victim of sexual assault by another individual.
On the other hand, the State argued that there was sufficient evidence to prosecute Yediyurappa. The State’s counsel emphasized the seriousness of the charges, stating that the offence of sexually assaulting a minor is “heinous” and warrants a full trial.
Court’s Observations and Ruling:
While granting anticipatory bail, the Court noted that Yediyurappa, being an octogenarian and having served as the Chief Minister of Karnataka, was unlikely to abscond or obstruct the trial.
In a separate ruling, the Court declined to quash the POCSO case against Yediyurappa. However, it set aside the trial court’s order taking cognizance of the matter, observing that the order was cryptic and lacked proper judicial reasoning.
Representation:
Yediyurappa was represented by Senior Advocate CV Nagesh, along with Advocates Sandeep Patil and Swamini Ganesh Mohanambal.
Senior Advocate Prof. Ravivarma Kumar and Special Public Prosecutor Ashok N Naik appeared for the CID, while Advocate S Balakrishnan represented the original complainant’s son, the victim’s brother.
