Karnataka High Court remits POCSO case against former Chief Minister B.S. Yediyurappa back to trial court for passing fresh order on cognisance
The Hindu
On the July 4, 2024 order of the trial court in taking cognisance, the High Court of Karnataka made it clear that the crime, investigation, and the charge sheet in the case, all remain intact, and they are remitted back to the trial court to pass appropriate order on the charge sheet submitted by the CID bearing in mind the observations made by the High Court.
The High Court of Karnataka remitted back to the trial court the criminal case registered against former Chief Minister B.S. Yediyurappa under 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.
On February 7, Justice M. Nagaprasanna passed the order while partly allowing the petitions filed by Mr. Yediyurappa, who had challenged the complaint, the charge sheet filed by the Criminal Investigation Department (CID) against him and the cognisance of offence taken against him by the trial court.
However, the court set aside the order of cognisance of offence taken by the trial court against Mr. Yediyurappa based on the charge sheet as it lacked reasoning for taking cognisance of offences, and remitted the matter back to the trial court for passing fresh order on taking cognisance of offences.
On the July 4, 2024 order of the trial court in taking cognisance, the High Court made it clear that the crime, investigation, and the charge sheet in the case, all remain intact, and they are remitted back to the trial court to pass appropriate order on the charge sheet submitted by the CID bearing in mind the observations made by the High Court.
The High Court made it clear that it has not answered any of the contentions advanced by both the sides, on behalf of Mr. Yediyurappa and the CID, except with regard to the order of taking cognisance of offence by the trial court. All issues are kept open, including all legal remedies available to the accused at the appropriate stage before the appropriate forum.
The High Court granted anticipatory bail to Mr. Yediyurappa.
The copies of the judgments, pronounced around 10.40 a.m., is yet to released.
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On the July 4, 2024 order of the trial court in taking cognisance, the High Court of Karnataka made it clear that the crime, investigation, and the charge sheet in the case, all remain intact, and they are remitted back to the trial court to pass appropriate order on the charge sheet submitted by the CID bearing in mind the observations made by the High Court.
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The complainant had asked for a probe by the Lokayukta police. But later, the complainant sought a probe by the CBI without even making any allegation on the probe being conducted by the Lokayukta police, it was argued on behalf of Mr. Siddaramaiah while contending that a complainant cannot choose the investigating agency, and the probe cannot be transferred to the CBI merely because of the alleged involvement of the Chief Minister.
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