Today, On 15th January, The Karnataka High Court heard final arguments on a petition filed by BS Yediyurappa seeking to quash the FIR against him under the POCSO Act. The FIR alleges his involvement in the sexual assault of a minor girl. The state has argued that Yediyurappa must face trial in the matter. The court’s decision on the petition is awaited.
Bengaluru: The Karnataka government urged the Karnataka High Court to dismiss the petition filed by former Chief Minister and BJP leader BS Yediyurappa, who is seeking to quash a criminal case against him under the Protection of Children from Sexual Offences Act (POCSO Act) for the alleged sexual assault of a minor girl in February of last year.
Senior Counsel Ravi Varma Kumar, representing the Karnataka Criminal Investigation Department (CID), argued before single-judge Justice M. Nagaprasanna that the offense of sexually assaulting a minor is a “heinous” crime, and therefore, Yediyurappa should face trial.
Read Also: Karnataka HC Adjourns Hearing of B.S. Yediyurappa’s POCSO Case, Grants Temporary Relief
Kumar stated,
“A quashing petition under Section 482 of the Code of Criminal Procedure in a case under the POCSO Act is not maintainable since there is a statutory assumption of guilt in such cases on the part of the accused.”
The Court was hearing final arguments regarding Yediyurappa’s petition to quash the first information report (FIR) against him for the alleged assault. Kumar presented the victim’s statement and a voice recording recovered from the survivor’s phone, which reportedly contains a conversation between her mother and Yediyurappa after the victim disclosed the incident to her mother.
In the recording, the mother allegedly asks Yediyurappa why he sexually assaulted her minor daughter, to which he responds that the girl was like his own granddaughter and that he was merely checking on her.
Justice Nagaprasanna remarked,
“There was no reason for her (the victim’s mother) to question in this manner if the incident had not occurred.”
However, the judge noted that the key issue was whether the Court could rely on statements recorded by investigating authorities under Section 161 of the CrPC.
Justice Nagaprasanna concluded,
“This is all very clinching. But the question is, can 161 statements be relied upon? In my opinion, it cannot be used by courts for quashing,”
B.S. Yediyurappa, a prominent leader of the Bharatiya Janata Party (BJP), is a seasoned politician from Karnataka. He has served as the Chief Minister of Karnataka on multiple occasions and has been a key figure in shaping the BJP’s presence in the state. Known for his leadership and influence, especially among the Lingayat community, Yediyurappa has played a significant role in the state’s political landscape.
Case title: BS Yediyurappa v/s The Criminal Investigating Department CID
Case No: WP 15522/2024