High court refuses to entertain Yediyurappa’s plea in POCSO case, says “no question of consideration arises”

Bengaluru In a significant development, the Karnataka High Court on Friday orally observed that there was no question of considering the petition filed by former Chief Minister B.S. Yediyurappa seeking to quash the trial court order that had taken cognizance of a case registered against him under the Protection of Children from Sexual Offenses (POCSO) Act.
The single-judge bench of Justice M.I. Arun made this observation while hearing the petitions filed by Yediyurappa and other co-accused in the case related to alleged sexual harassment of a minor girl.
background of the case
The case pertains to allegations that Yediyurappa, a senior BJP leader and former chief minister, had sexually harassed a minor. Based on the complaint, the police had registered a case under the POCSO Act and other relevant sections. The trial court, after reviewing the initial investigation, had decided to take cognizance of the charges — a move Yediyurappa sought to challenge before the High Court.
Earlier, the lower court had passed a similar order which the defense had attempted to contest. However, with the trial court reiterating its stand for a second time, Yediyurappa approached the High Court once again.
hearing before the High Court
During the hearing, senior advocate C.V. Nagesh, representing Yediyurappa, argued that the subordinate court should have carefully evaluated the statements of the survivor and other witnesses before taking cognizance of the case. He maintained that the due process of law had not been followed and that the order was unsustainable.
However, the High Court bench appeared unconvinced by the submissions. Justice Arun orally remarked that since the argument revolved only around the assessment of statements and not other legal aspects, “the question of considering the petition itself does not arise.”
At this stage, the bench directed advocate Swamini Ganesh, who appeared on behalf of Yediyurappa, to ensure that senior counsel C.V. Nagesh is present for further arguments on the matter. The court has adjourned the hearing to October 23 for the continuation of proceedings.