Karnataka High Court stays arrest of former CM B S Yediyurappa in POCSO case

The Court said that Yediyurappa has to appear before the jurisdictional police for investigation on June 17

June 14, 2024

Pocso case: No coercive action against Yediyurappa till next hearing, says Karnataka HC

On Friday, the Karnataka High Court stayed the arrest of former Chief Minister B S Yediyurappa in connection with a case registered against him under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The High Court today sought the State’s response after the advocate C V Nagesh, appearing for Yediyurappa, told the Court that the complainant, who was the victim’s mother, was in the habit of filing frivolous cases.

The Court remarked, “We have to assess the credibility of the complainant. You said she is an estranged spouse. A relevant factor is she has lodged a complaint against many people.”

The court also questioned the necessity to arrest Yediyurappa. The Court, however, mused that Yediyurappa is a former Chief Minister and was unlikely to flee.

The State alleged that Yediyurappa had evaded a notice issued on June 11 to appear before the investigating officer, by flying to Delhi citing prior party commitments, hours after the notice was issued.

However, the Court noted that Yediyurappa had replied to the June 11 notice by stating that he would appear before the Investigating Officer on June 17. The Court ordered that no coercive action be taken against the former CM, particularly since Yediyurappa had volunteered in writing to appear before the investigating officer on June 17

“He is not some Tom, Dick, or Harry. He is a former Chief Minister of State. Is it your case he will flee the country? What can he do by leaving to Delhi from Bangalore,” the Court said.

“We cannot immediately jump to the conclusion that a case is made for arrest and detention for custodial interrogation of the petitioner who has been former Chief Minister of State and (is of advanced age) and has ailments natural to that age … Proceedings for arrest and detention of petitioner are put on hold till the next date of hearing,” the Court said in its order.

The Court, however, said that Yediyurappa has to appear before the jurisdictional police for investigation on June 17.

The case involves allegations that Yediyurappa molested a 17-year-old girl after she accompanied her mother on a visit to the senior BJP leader’s residence to seek some help.

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