POCSO & Sexual Offences
Subject : Litigation - Criminal Law
BENGALURU – A Special Court in Bengaluru has issued fresh summons to former Karnataka Chief Minister B.S. Yediyurappa and three associates, directing them to appear on December 2, 2025, in a case registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The order marks a pivotal moment in the high-profile case, setting the stage for trial after a protracted legal battle that saw multiple challenges to the court's proceedings.
The summons was issued on Tuesday, November 18, just days after the Karnataka High Court on November 13, 2025, dismissed petitions filed by Mr. Yediyurappa and his co-accused seeking to quash the trial court's order taking cognizance of the chargesheet filed by the Criminal Investigation Department (CID). This High Court ruling effectively cleared all procedural hurdles, allowing the trial to move forward.
The case revolves around a complaint filed on March 14, 2024, by the mother of a 17-year-old girl. She alleged that Mr. Yediyurappa, a senior BJP leader, sexually assaulted her daughter during a meeting at his Bengaluru residence on February 2, 2024, where they had sought his assistance. Following the complaint, the CID took over the investigation and filed a comprehensive chargesheet in June 2024.
The chargesheet implicates Mr. Yediyurappa under Section 8 (sexual assault) of the POCSO Act and Section 354A (sexual harassment) of the Indian Penal Code (IPC). Three of his associates—Y.M. Aruna, Rudresh Marulasiddiah, and G. Mariswamy—are co-accused under IPC Sections 204 (destruction of evidence), 214 (offering gratification to screen an offender), read with Section 37 (co-operation in committing an offence).
The journey to trial has been fraught with legal challenges. The Special Court initially took cognizance of the chargesheet on July 4, 2024. However, this order was set aside by the High Court in February 2025, which remanded the matter back to the trial court for a fresh consideration of the cognizance process.
On February 28, 2025, the Special Court, after re-examining the case materials, including the survivor's statement recorded under Section 164 of the Code of Criminal Procedure (CrPC), once again took cognizance of the offences and issued summons. This decision was immediately challenged by Mr. Yediyurappa, leading to an interim stay by the High Court on March 14.
After extensive arguments, the High Court, in its order dated November 13, 2025, finally upheld the Special Court's February 28 order. This definitive ruling affirmed that the trial court had followed due process in taking cognizance of the chargesheet, thereby removing the final legal obstacle for the trial to commence.
Following the High Court's green light, Special Public Prosecutor Ashok Naik moved an application before the Fast Track Court, seeking an early appearance of the accused. The prosecution cited Section 35 of the POCSO Act, which mandates that a child's evidence be recorded within 30 days of the court taking cognizance.
Accepting the prosecution's plea, the Special Court advanced the hearing and issued the summons. In its order, the court noted, “As already stated, the Honourable 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 the 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 court concluded that no prejudice would be caused to the accused by scheduling an early appearance and directed its office to issue summons for December 2, 2025.
While paving the way for the trial, the Karnataka High Court provided a significant concession to the 82-year-old former Chief Minister. It directed the trial court not to insist upon Mr. Yediyurappa's personal appearance at every hearing unless it is deemed essential. "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 High Court order stated.
This directive balances the need for the trial to proceed against considerations for the accused's age and public stature. It is important to note that Mr. Yediyurappa already has anticipatory bail in the matter, granted by the High Court on February 7, 2025. The High Court also clarified that he is free to file a discharge application before the trial court.
The case now moves from a phase of procedural challenges to the substantive trial phase. The prosecution will rely heavily on the survivor's Section 164 CrPC statement, which is considered crucial evidence in POCSO cases. With the timeline stipulated by the POCSO Act—requiring the trial to be completed preferably within one year of taking cognizance—the proceedings are expected to be expedited. This high-stakes trial will be closely watched by the legal community for its implications on the application of POCSO law in cases involving influential public figures.
#POCSOAct #CriminalProcedure #Yediyurappa
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