A particular courtroom for Pocso circumstances in Bengaluru has ordered the closure of a case filed in opposition to former Karnataka chief minister B S Yediyurappa to facilitate resetting the case to the stage of taking cognisance of a chargesheet filed by the CID police, as ordered on February 7 by the Karnataka Excessive Court docket.
“In view of the orders handed by the Hon’ble Excessive Court docket of Karnataka in Writ Petition No. 15522/2024 clubbed with Writ Petition No. 18538/2024, the case must be restored to the stage of taking cognizance. Therefore, workplace to shut Spl. Case No. 1283/2024 and to revive its crime quantity and put up,” the particular courtroom ordered on Monday.
The particular courtroom had earlier taken cognisance on July 4, 2024, of a chargesheet filed on June 27, 2024, by the CID police in opposition to Yediyurappa below the Safety of Kids from Sexual Offences Act. The cognisance was rejected by the excessive courtroom on February 7, 2025, on the grounds that the choose had not offered causes for taking cognisance.
For the reason that case was reverted again to the particular courtroom for contemporary consideration of the cognisance of the chargesheet, the choose of the Pocso courtroom final week reviewed an announcement recorded below part 164 of the Prison Process Code from a teenage sufferer within the case, in addition to the chargesheet from the CID police.
The particular courtroom, which was earlier scheduled to listen to the case in opposition to the previous CM on February 28, superior the listening to to February 12 after the state public prosecutor sought the development of the case in mild of the February 7 order of the excessive courtroom.
The case was superior for listening to by the particular courtroom after the particular public prosecutor filed an utility stating that Part 35 of the Pocso Act 2012 mandates that the proof of the sufferer must be recorded inside 30 days, and that the trial have to be accomplished inside a 12 months from the date of the courtroom taking cognisance of the case.
The excessive courtroom, in its February 7 order rejecting a plea filed by Yediyurappa for quashing the case, additionally dominated that the particular courtroom choose had erred in making use of his thoughts whereas taking cognisance of the chargesheet in July 2024, as no causes got for the choice.
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“The Writ Petition is allowed partially. The order of taking cognizance by the involved courtroom dated July 4, 2024, qua accused primary stands obliterated,” Justice M Nagaprasanna of the excessive courtroom acknowledged within the February 7 order.
“The crime, the investigation, and the ultimate report all stay intact. The matter is remitted again to the involved courtroom to cross applicable orders on the ultimate report so positioned earlier than it by the CID, taking into consideration the observations made in the midst of the order,” the courtroom dominated.
The excessive courtroom has acknowledged that the particular courtroom should make a reasoned order for taking cognisance of the chargesheet filed by the CID.
“The courtroom is anticipated to file causes for taking cognizance. Although the explanations needn’t be so elaborate when it data framing of expenses or conviction, nonetheless, it should bear utility of thoughts to set additional proceedings in movement, as taking of cognizance or issuance of course of has some judicial sanctity,” the excessive courtroom stated in its latest judgment.
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The excessive courtroom additionally granted conditional anticipatory bail to Yediyurappa. “In mild of the submitting of the ultimate report by the CID, the petitioner would undoubtedly not be required for any custodial interrogation, as no investigation is pending in opposition to the petitioner,” it identified.
Crime and chargesheet
An FIR was filed on March 14, 2024, in opposition to Yediyurappa, 81, by the Bengaluru police based mostly on a criticism by the mom of a teen, stating that her daughter had been subjected to sexually inappropriate behaviour by the previous CM throughout a go to to his home on February 2.
The CID unit of the police filed a chargesheet in opposition to the previous BJP CM and three others on June 27 below part 8 (sexual assault) of the Pocso Act, Indian Penal Code sections 354 A (sexual harassment), sections 204 (destroying proof) and 214 (providing items to silence the sufferer).
The particular courtroom circumstances took cognisance of the chargesheet on July 4 and issued a summons for the previous CM and others to seem in courtroom to face trial.
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Though no keep was issued by the excessive courtroom in opposition to the proceedings within the particular courtroom, the Pocso courtroom proceedings have been stalled since July 4, 2024, with Yediyurappa looking for the quashing of the chargesheet within the excessive courtroom.
