The Karnataka High Court has upheld the case against former Chief Minister BS Yediyurappa under the Protection of Children from Sexual Offences Act (POCSO) while striking down the trial court’s order that took judicial notice of the case, calling it vague and lacking proper reasoning.
The court found sufficient material, including a forensic-confirmed audio recording linking Yediyurappa to the allegations. However, it emphasized that this evidence must be tested during trial rather than serving as conclusive proof of guilt.
The ruling addressed flaws in the trial court’s handling of the case. The order, issued on July 4, 2024, was criticized for being overly simplistic and failing to demonstrate any real judicial application of mind. As a result, the High Court scrapped the trial court’s decision while maintaining the integrity of the case, investigation, and final report.
The allegations stem from a complaint filed in March 2024 by a woman, who has since passed away, accusing Yediyurappa of sexually harassing her 17-year-old daughter during a visit to his residence. The complaint also alleged attempts to suppress the matter through financial inducements.
Following this, an FIR was registered under Section 8 of the POCSO Act and Section 354(A) of the Indian Penal Code, with additional charges against others accused of attempting to destroy evidence and obstruct justice.
While the High Court acknowledged the prosecution’s case had merit, it took issue with the trial court’s procedural lapses, rejecting the argument that such shortcomings are common practice in lower courts. The case has been sent back to the trial court for a fresh ruling on the final report, ensuring due legal process is followed.
Yediyurappa has been granted anticipatory bail while the legal battle continues.
