Not Tom, Dick or Harry but a former CM, says Karnataka HC staying arrest of BS Yediyurappa in POCSO case

Alleging that CID was not pursuing the case seriously the victim’s brother had filed a writ petition before HC demanding the arrest of BSY.

BySouth First Desk

Published Jun 14, 2024 | 6:30 PM Updated Jun 14, 2024 | 7:00 PM

Karnataka HC on POCSO case against Yediyurappa

Karnataka High Court on Friday, 14 June restrained Criminal Investigation Department (CID) from arresting former Chief Minister BS Yediyurappa in connection with a POCSO case registered against him.

It also directed the veteran BJP leader to appear before CID, which is probing the case, on 17 June. Questioning the necessity to arrest him, Justice S Krishna Dixit said he is the former CM of Karnataka and not some Tom, Dick or Harry. “He is not some Tom, Dick or Harry. He is a former Chief Minister of State. Is it your case he will flee the country? What can he do by leaving to Delhi from Bangalore,” asked the Justice according to media reports.

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 Special Investigation Team of the CID had moved the First Fast Track Court seeking an arrest warrant against him since he failed to appear for questioning on 12 June. Yediyurappa had sought time to join the probe. The lawyers representing Yediyurappa had confirmed the same to South First.

According to reports, the veteran BJP leader has gone to an “undisclosed” location in New Delhi.

Related: Non-bailable arrest warrant against BJP veteran BS Yediyurappa in POCSO case

Case against BS Yediyurappa

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 molested her daughter during a meeting on 2 February this year, at his residence in Dollars Colony in Bengaluru.

After the Sadashivanagar police registered the case in March, the Karnataka Director General of Police Alok Mohan had issued an order transferring it to the CID for further investigation. The 54-year-old woman, who had leveled the charge against Yediyurappa, died at a private hospital in Bengaluru last month, due to lung cancer.

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.

Lack of seriousness? 

Alleging that CID was not pursuing the case seriously, the victim’s brother had 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 on 13 June.

“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 that 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.

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(Editd by Neena with PTI inputs)

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