The Karnataka High Court on Friday granted anticipatory bail to BJP leader and former Chief Minister BS Yediyurappa in a Protection of Children from Sexual Offences (POCSO) Act case..Justice M Nagaprasanna passed the order. Last year, another single judge Bench had granted interim protection against arrest to the BJP leader..The Court passed today's order granting anticipatory bail after factoring in that Yeddiyurappa was unlikely to abscond or not cooperate with the trial, since he was an octogenarian who has held the position of the Chief Minister of the State of Karnataka."The petitioner, as observed hereinabove, is an octogenarian and has held the position of the Chief Minister of the State of Karnataka and there can be no apprehension that he would not cooperate with the trial on its ensuing. Therefore, notwithstanding the vehement opposition of the learned Special Public Prosecutor to grant anticipatory bail to the petitioner, I find it appropriate to entertain the petition ... and grant anticipatory bail to the petitioner on certain conditions," the Court said. .The conditions imposed on Yeddiyurappa for the grant of anticipatory bail include the execution of a ₹5 lakh bond with two solvent sureties, that he shall not tamper with evidence, influence witnesses and that he shall not leave the State ("jurisdiction of the concerned court") without permission..The case was registered on the allegations made by a woman that Yediyurappa molested her 17-year-old daughter who had accompanied her on a visit to the senior BJP leader's residence to seek some help.The girl’s mother, now deceased, had lodged a police complaint on March 14, 2024, accusing Yediyurappa of having sexually harassed the girl. She had also said in her complaint that the former Chief Minister had tried to hush up the issue by offering her money.Based on such complaint, the police registered a First Information Report (FIR) under Section 8 of the POCSO Act and Section 354(A) of the Indian Penal Code (IPC) on charges of sexual harassment of a minor..Yediyurappa, in a hearing that took place last month, denied the sexual assault allegations, claiming that victim and her mother had approached him about an earlier case.“He was checking on the details of a previous case in which the victim had been sexually assaulted by another person and for which she and her mother had previously approached him (Yediyurappa) for help,” his counsel told the Court.However, the State argued that the prosecution has adequate material against the BJP leader. The offence of sexually assaulting a minor is a “heinous” one and hence, Yediyurappa must face trial in the case, the State counsel had said.The Court today also passed a separate ruling refusing to quash the POCSO case against Yeddiyurappa, although it set aside the trial court's order taking cognisance of the matter as being cryptic and passed without any application of mind. .Senior Advocate CV Nagesh along with Advocates Sandeep Patil and Swamini Ganesh Mohanambal also represented Yeddiyurappa.Senior Advocate Prof. Ravivarma Kumar along with Special Public Prosecutor Ashok N Naik represented the CID.Advocate S Balakrishan represented the original complainant’s son (victim’s brother)..[Read Judgment]
The Karnataka High Court on Friday granted anticipatory bail to BJP leader and former Chief Minister BS Yediyurappa in a Protection of Children from Sexual Offences (POCSO) Act case..Justice M Nagaprasanna passed the order. Last year, another single judge Bench had granted interim protection against arrest to the BJP leader..The Court passed today's order granting anticipatory bail after factoring in that Yeddiyurappa was unlikely to abscond or not cooperate with the trial, since he was an octogenarian who has held the position of the Chief Minister of the State of Karnataka."The petitioner, as observed hereinabove, is an octogenarian and has held the position of the Chief Minister of the State of Karnataka and there can be no apprehension that he would not cooperate with the trial on its ensuing. Therefore, notwithstanding the vehement opposition of the learned Special Public Prosecutor to grant anticipatory bail to the petitioner, I find it appropriate to entertain the petition ... and grant anticipatory bail to the petitioner on certain conditions," the Court said. .The conditions imposed on Yeddiyurappa for the grant of anticipatory bail include the execution of a ₹5 lakh bond with two solvent sureties, that he shall not tamper with evidence, influence witnesses and that he shall not leave the State ("jurisdiction of the concerned court") without permission..The case was registered on the allegations made by a woman that Yediyurappa molested her 17-year-old daughter who had accompanied her on a visit to the senior BJP leader's residence to seek some help.The girl’s mother, now deceased, had lodged a police complaint on March 14, 2024, accusing Yediyurappa of having sexually harassed the girl. She had also said in her complaint that the former Chief Minister had tried to hush up the issue by offering her money.Based on such complaint, the police registered a First Information Report (FIR) under Section 8 of the POCSO Act and Section 354(A) of the Indian Penal Code (IPC) on charges of sexual harassment of a minor..Yediyurappa, in a hearing that took place last month, denied the sexual assault allegations, claiming that victim and her mother had approached him about an earlier case.“He was checking on the details of a previous case in which the victim had been sexually assaulted by another person and for which she and her mother had previously approached him (Yediyurappa) for help,” his counsel told the Court.However, the State argued that the prosecution has adequate material against the BJP leader. The offence of sexually assaulting a minor is a “heinous” one and hence, Yediyurappa must face trial in the case, the State counsel had said.The Court today also passed a separate ruling refusing to quash the POCSO case against Yeddiyurappa, although it set aside the trial court's order taking cognisance of the matter as being cryptic and passed without any application of mind. .Senior Advocate CV Nagesh along with Advocates Sandeep Patil and Swamini Ganesh Mohanambal also represented Yeddiyurappa.Senior Advocate Prof. Ravivarma Kumar along with Special Public Prosecutor Ashok N Naik represented the CID.Advocate S Balakrishan represented the original complainant’s son (victim’s brother)..[Read Judgment]