HC extends interim order restraining CID from arresting Yediyurappa in POCSO case

PTI, Jun 28, 2024, 6:16 PM IST

Bengaluru: The Karnataka High Court on Friday extended by two weeks its interim order restraining the Criminal Investigation Department (CID) from arresting former Chief Minister B S Yediyurappa, against whom the probe agency has filed a chargesheet in connection with a case registered against him under POCSO Act.

The CID, probing charges against Yediyurappa of sexually assaulting a minor girl, has alleged in the chargesheet that he and three other accused paid money to the alleged victim and her mother to buy their silence.

The 81-year-old Yediyurappa has been charged under Section 8 (punishment for sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and Sections 354A (sexual harassment), 204 (destruction of document or electronic record to prevent its production as evidence) and 214 (offering gift or restoration of property in consideration of screening offender) of the Indian Penal Code (IPC).

The other three co-accused — Arun Y M, Rudresh M and G Mariswamy who are aides of Yediyurappa — are charged under IPC Sections 204 and 214, in the chargesheet filed at the Fast Track Court 1 for POCSO Act cases here on Thursday.

On Friday, the HC bench of Justice Krishna S Dixit continued its June 14 order, as it permitted the prosecution to file its objection to the petition filed by Yediyurappa seeking quashing of the case against him.

The Special Public Prosecutor sought time to file objections, and maintained that Yediyurappa’s petition may not survive as a chargesheet has already been filed.

The court then said: “Call these matters week after next at request of learned Special Public Prosecutor for filing statement of objections if any. Interim order granted earlier to continue till next date of hearing.” According to the chargesheet, on February 2 this year, at around 11.15 am, the 17-year-old alleged victim, along with her 54-year-old mother — the complainant — visited Yediyurappa at his residence in Dollar’s Colony here seeking help in getting justice in a previous case of sexual assault (on the daughter) and other issues.

While Yediyurappa was speaking with the mother, he was holding the victim’s right wrist with his left hand, it said.

Yediyurappa then called the minor inside a meeting room next to the hall and locked the door. He then asked the victim whether she remembered the face of the person who had sexually assaulted her earlier to which the victim replied twice stating that she did, the chargesheet said.

After this, Yediyurappa asked her what her age was when she was allegedly sexually assaulted previously, to which she replied six-and-half years, according to the chargesheet. At this point, Yediyurappa allegedly tried to sexually assault her, the CID alleged.

The horrified victim pushed Yediyurappa’s hand, moved away and asked him to open the door. Yediyurappa then opened the door and exited after putting some cash in the hands of the victim from his pocket. He then told the victim’s mother that he couldn’t help them in the case and also gave her some money from his pocket and sent them away, the chargesheet said.

After the victim’s mother uploaded a video related to the incident on her Facebook account, on February 20, at the behest of Yediyurappa, the other accused — Arun, Rudresh and Mariswamy — went to their house and brought them to his residence, it said.

According to the chargesheet, Arun then ensured that the victim’s mother deleted the video from her Facebook account and her iPhone’s gallery. On Yediyurappa’s directions, Rudresh is said to have paid the alleged victim Rs two lakh in cash.

A Bengaluru court on June 13 issued a non-bailable arrest warrant against Yediyurappa in the case registered against him on March 14 this year. The Karnataka High Court on June 14 restrained the CID from arresting Yediyurappa, while directing him to appear before it for probe.

Yediyurappa was questioned for over three hours by the CID on June 17.

The victim’s mother, who had leveled the charge against Yediyurappa, died at a private hospital here last month, due to lung cancer.

The victim’s brother filed a petition in the court earlier this month alleging that though the case was registered on March 14, no progress has been made in the investigation. The petitioner prayed that Yediyurappa should be arrested and interrogated.

Yediyurappa has denied the charge and said he would fight the case legally.