Bengaluru: The Karnataka High Court on Thursday reserved its order on former chief minister B. S. Yediyurappa’s petition challenging the cognisance taken of a Pocso case against him. The order was reserved by a single-judge bench of Justice M. I. Arun after detailed arguments from both sides.
Case background
The case dates back to February 2024, when a woman alleged that Yediyurappa had inappropriately touched her minor daughter while they visited him to seek help regarding an earlier instance of sexual assault. Following the complaint, the Bengaluru police registered an FIR on March 14, 2024, under the Protection of Children from Sexual Offences (Pocso) Act.
Yediyurappa, who has denied the allegations, moved the High Court challenging the cognisance taken by a lower court. This is the second challenge to the process, as an earlier High Court ruling by Justice M. Nagaprasanna had set aside the first cognisance order, citing that it was done “without application of mind.”
Arguments in court
During Thursday’s hearing, senior advocate C. V. Nagesh, appearing for Yediyurappa, argued that the trial court failed to apply its mind properly while taking cognisance for the second time. He contended that the trial court did not consider the audio recording submitted as part of the evidence.
Referring to Nagesh’s submissions, the bench made an oral observation, stating, “Accused plus the audio recording on one side vis-à-vis the statement of other witnesses – it gives credibility to the case of prosecution. But the trial court in the impugned order has not referred to that audio recording… this, according to him, amounts to non-application of mind.”
The defence also maintained that since the issue of cognisance was still under judicial consideration, the one-year statutory time limit for completing Pocso trials does not apply in this instance.
Prosecution’s counter
Representing the state, the special public prosecutor argued that the original recording was on the girl’s phone, which was not taken during the alleged incident, while her mother’s phone — containing related complaints — was later forcibly destroyed.
“He (Yediyurappa) has paid money, which he has admitted in the conversation,” the prosecutor told the court, referring to the content of the purported audio evidence.
The state further contended that the trial court’s order was based on available materials and that there was no procedural irregularity in taking cognisance of the case for the second time.
Prior proceedings and related concerns
In earlier hearings, the court had also taken note of multiple complaints filed by the woman against senior bureaucrats and police officials. The defence had argued that these repeated complaints indicated an abuse of process.
The High Court had previously directed Yediyurappa’s legal team to specifically address whether the trial court had applied its mind afresh while re-examining the case.
The former chief minister’s plea to quash the proceedings comes at a time when he continues to face political and legal scrutiny, even after stepping down from active administrative roles.
What happens next
The High Court has reserved its order, and the case is expected to come up on Saturday for the purpose of dictation of the order. The outcome will determine whether the trial can proceed under the Pocso Act or whether the lower court’s cognisance will be quashed once again.