The victim’s brother filed a writ petition before the Karnataka High Court seeking the court’s intervention to expedite the ongoing probe.
Published Jun 13, 2024 | 5:12 PM ⚊ Updated Jun 13, 2024 | 5:44 PM
BS Yediyurappa. (File picture)
A special court in Bengaluru on Thursday, 13 June, issued a non-bailable arrest warrant against BJP parliamentary board member and former chief minister BS Yediyurappa in a case charged under the Protection of Children from Sexual Offences (POCSO) Act.
The arrest warrant was issued following a plea at the Fast Track Special Court-1 by the Criminal Investigation Department (CID) of the Bengaluru police probing the case after Yediyurappa did not turn up for questioning.
The lawyers representing Yediyurappa confirmed the same to South First.
According to police, Yediyurappa has been booked under the POCSO Act and Section 354 A (Sexual harassment) of the Indian Penal Code (IPC) based on a complaint by the mother of a 17-year-old girl who alleged that he sexually assaulted her daughter during a meeting on 2 February this year, at his residence in Dollars Colony in Bengaluru.
On 11 June, the victim’s brother filed a writ petition before the Karnataka High Court seeking the court’s intervention to expedite the ongoing probe.
The victim’s 54-year-old mother passed away due to health issues in a private hospital under the Electronic City police limits on 26 May, due to lung cancer.
Alleging that CID was not pursuing the case seriously, the victim’s brother filed a writ petition before the high court through senior advocate S Balan demanding the arrest of the former chief minister and a quick completion of the probe.
“We have filed a writ petition before the high court. CID has not yet arrested the accused. Since the special court issued an arrest warrant against former CM BS Yediyurappa, we demand his immediate arrest,” advocate S Balan told South First.
“The petition says the investigating agency has not proceeded with the probe as defined under section 2(h) of CrPC, regarding of collection evidence, arrest of accused, recovery of documents and material objects,” he said.
“The Investigating Officer did not apprehend the accused to record his statement and to draw spot inquest at his house. The victim’s brother and mother have approached authorities concerned for a fair investigation, but did not yield results,” added Balan.
Pointing at the lapses in the probe, Balan said: “The investigating agency did not make any effort to collect any incriminating materials and to access and assess data in the digital materials.”
“The accused was not issued a notice under section 41(A) or apprehended for investigation. We have prayed before the court to collect all digital material available in the CCTV footage, memory card, hard disc, etc., connected to the case,” added the senior advocate.
He sought the court to direct the authorities concerned to expedite the investigation and file a report within one month.
“We have made these appeals through a writ petition on 11 June. The court will ascertain the status of the case. If it feels that investigating officers have failed follow the law, then it might take action,” elaborated Balan.
Earlier in the day, state Home Minister G Parameshwara said the CID had issued a notice asking him to appear before it for questioning, and he may be arrested if necessary.
“Notice has been served procedurally, the charge sheet has to be filed by 15 June. Before that they (CID) will file the charge sheet. They will have to follow the procedure for it. They will have to record his statement and produce him (in court), all these are procedures and the department will do it,” he told reporters in Bengaluru.
In response to a question, Parameshwara said: “If necessary they will arrest. I can’t say (if) it is necessary, CID has to say it. If they feel it is necessary, they will do it.”
According to party sources, the BJP veteran is presently in Delhi and is likely to join the probe after he returns.
The case stems from a woman’s complaint alleging that Yediyurappa molested her minor daughter on 2 February, 2024.
In the complaint against Yediyurappa, she alleged that the BJP leader held the minor daughter’s hand throughout the conversation and later took her to a separate room, where he sexually harassed her.
The complainant protested outside the Sadashivanagar police station for hours on 14 March, demanding an FIR be filed. After nearly five hours of reluctance, the police filed the FIR against 81-year-old Yediyurappa.
The minor is already a rape survivor.
On 14 March, hours after the Sadashivanagar police registered the case, the Karnataka Director General of Police Alok Mohan issued an order transferring it to the CID for further investigation with immediate effect.
The 81-year-old Yediyurappa has denied the charge and said he would fight the case legally.
In April, the CID collected the voice sample of Yediyurappa after summoning him to the office.
The government, meanwhile, has appointed Special Public Prosecutor (SPP) Ashok H Nayak to represent the CID in the case.
Yediyurappa has moved the court seeking quashing of the FIR and to dismiss the case because the complaint against him “contains no elements of a crime.”
Earlier, responding to the case, Yediyurappa had said the mother and daughter used to visit him.
“The mother and daughter often used to come here but we did not entertain them,” he had told reporters.
“Once when she was in tears, we called her inside and asked about her problems. She complained of injustice and other things. I telephoned the police commissioner (Bengaluru City) and asked him to look into their complaint. I sent them to the commissioner’s office. Thereafter, she started to create a nuisance,” the former chief minister said.
Yediyurappa said she did not seem to be in good health and he felt there was no use in talking to her.
“Now, I am told that an FIR has been registered. We will face the law. This is an example of what you get in return for trying to help someone in need. When she said that she was in difficulty, I gave her money also,” he added.
(Edited by Muhammed Fazil)
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