A special court for cases registered under the Protection of Children from Sexual Offences (Pocso) Act issued a summons to BJP leader and former Karnataka chief minister B S Yediyurappa and three others on Tuesday in connection with a child sex abuse case booked by the Bengaluru police in 2024.
The FIR was filed on March 14, 2024, against Yediyurappa, 82, on the basis of a complaint filed by the mother of a teenager stating that her daughter had been subjected to sexual assault by the former chief minister during a visit to his house on February 2.
The summons for the former chief minister and three of his associates to appear in the court on December 2 came in the wake of the November 13 decision of the Karnataka High Court to uphold the special court’s decision to take cognisance of a chargesheet filed by the CID unit of the police.
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The special court took cognisance on February 28 based on the chargesheet for offences punishable under section 8 (sexual assault) of the Pocso Act 2012 as well as sections 354 A (sexual harassment ), 204 (destroying evidence) and 214 (offering gifts to silence the victim), read with section 37 (joint liability in criminal acts) of the Indian Penal Code. Yediyurappa had challenged the special court’s order July 4, 2024, in which it originally took cognisance of the CID chargesheet.
The special court issued the summons after the special public prosecutor cited the high court order upholding the cognisance taken earlier and sought advancement of a hearing that was previously posted for December 15.
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“As already stated, the Hon’ble High Court of Karnataka confirmed the order of taking cognizance and issuing of summons to accused No.1 to 4. Further, as per Section 35 of POCSO Act, the evidence of child shall be recorded within a period of 30 days of taking cognizance, hence the court can proceed with the matter and issue an order for early appearance of accused persons,” the special court said on the basis of a prosecution plea.
“No prejudice will be caused to the accused persons, if the matter is posted for their early appearance. Accordingly, the office is hereby directed to issue summons to accused No.1 to 4 in compliance of the order dated 28.02.2025. Call on 02.12.2025,” the special court said.
On February 7, the high court referred the matter back to the special court for the fresh initiation of the cognisance process for the chargesheet.
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On February 28, the special court took fresh cognisance of the case and summoned Yediyurappa for appearance on March 15, but he challenged this again in the high court. On November 13, a single-judge bench of the court upheld the cognisance taken on February 28 and said that due process had been followed by the special court.
The high court, however, stated that “the trial Court shall not insist upon the presence of accused No.1 (Yediyurappa) unless it is necessary during the course of the trial and will entertain the exemption application filed on behalf of accused No.1, unless his presence is essential.”
The summons will require the former chief minister to appear in the Pocso court on December 2 unless the summons is challenged in a higher court. Yediyurappa has protection against arrest in the form of anticipatory bail given by the high court on February 7 while returning the case to the Pocso court. The high court had cited his age and his eminence as a former chief minister.
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Stage set for trial
The cognisance taken by the special court of the chargesheet against Yediyurappa, however, sets the stage for the trial in the case after the former chief minister appears in the court.
After the case was reverted to the special court on February 7 for fresh consideration of the cognisance of the chargesheet, the Pocso court judge has perused a statement recorded under section 164 of the Code of Criminal Procedure (CrPC) of a teenage victim–as well as the entire CID chargesheet in the case.
The CrPC 164 statement of a minor victim given to a magistrate in a Pocso case is considered as crucial evidence on the basis of which a court can take cognisance of a chargesheet.
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Under section 35 of the Pocso Act, the evidence of a victim should be recorded within 30 days of taking cognisance of a case, and that the trial must be completed within a year from the date of taking cognisance of a case.
The CID filed a chargesheet against the former chief minister and three others on June 27, 2024.
The three other accused in the case–Rudresh M, Arun Y M, and Mariswamy G, who are close associates of Yediyurappa—are accused of collaborating with him to delete video recordings and pictures of a confrontation the girl had at the former chief minister’s home after the alleged sexual assault and also attempting to pay money to her mother to keep quiet.
The girl’s mother, who was battling cancer, passed away last year shortly after the case was filed.