Karnataka HC stays trial court order of taking cognisance of offences against former CM B.S. Yediyurappa in POCSO case

Former CM B.S. Yediyurappa had challenged the first information report registered on March 14, 2024, on the alleged incident that occurred on February 2, 2024, the chargesheet filed by the Criminal Investigation Department (CID), and the February 28, 2025, order of taking cognisance of offences afresh by the trial court. 

The High Court of Karnataka on March 14 stayed the trial court’s order of taking cognisance of offences against former Chief Minster B.S. Yediyurappa based on the chargesheet filed under provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2012, on the allegation of sexually assaulting a 17-year-old girl at his residence in February 2024.

Justice Pradeep Singh Yerur passed the interim order on a petition filed by Mr. Yediyurappa. The interim order would be in force till adjudication of the petition by the High Court. 

Mr. Yediyurappa had challenged the first information report registered on March 14, 2024, on the alleged incident that occurred on February 2, 2024, the chargesheet filed by the Criminal Investigation Department (CID), and the February 28, 2025, order of taking cognisance of offences afresh by the trial court. 

The trial court had passed the order of taking cognisance afresh based on the February 7, 2025, order passed by the High Court, which had termed the July 4, 2024, order of the trial court in taking cognisance of offences as ‘bald, laconic and cryptic’ while directing the trial court to pass the order afresh in terms of the law elucidated by the apex court, under Section 190(1)(b) of the Code of Criminal Procedure (Cr. PC) based on the chargesheet submitted by the Criminal Investigation Department (CID).

While staying the February 28 order of taking cognisance of offences and summoning the accused persons, the High Court said that Mr. Yediyurappa and other accused are also exempted from personally appearing before the trial court till adjudication of their petitions as such an order was existing since July 2024, as was then ordered by the court during earlier round of litigation against the order of taking cognisance of offences.

It was argued by Senior Advocate C.V. Nagesh on behalf of Mr. Yediyurappa that the complaint was lodged after a delay of about a month, and in fact, no incident of sexual assault took place.  All the witnesses, including the president of Karnataka Working Journalists’ Association, who were present in the residence of Mr. Yediyurappa on February 2, 2024, had clearly stated that no such incident of sexual assault took place, as was alleged in the complaint, lodged by the girl’s mother, and in the voluntary statement given by the victim.

State Advocate General Shashi Kiran Shetty opposed staying proceedings before the trial court while pointing out that the High Court, in the February 7 order, had found fault only with the manner in which the cognisance was taken, and had clearly stated that the materials filed against the accused in the chargesheet required to be tested in a full-blown trial. The A-G also contended that staying the proceedings would not be in the interest of the victim as the trial in POCSO has to be fast-tracked as per the law.