'Prima Facie Case For Trial': Karnataka High Court Orally Remarks In Former CM BS Yediyurappa's Plea To Quash POCSO Case

While hearing former Chief Minister B S Yediyurappa's plea seeking quashing of a case registered against him under POCSO, the Karnataka High Court on Wednesday (September 17) orally remarked that it was "prima facie" a matter for trial.

The high court was hearing a second petition filed by Yediyurappa seeking to quash trial court order dated 28.02.2025 taking cognizance and issuing summons to him. He has further sought quashing of the FIR and chargesheet filed in the case.

After hearing Yediyurappa's counsel and the State at length Justice M I Arun orally said, “Prima facie it is case for trial. Of course I will hear you.”

The bench said, “The fact remains that he (Yeidyurappa) is in the opposition party, they (petitioners) may say he is unnecessarily being harassed. To prevent harassment some observations can be made. General observations regarding Section 482 maintainability can also be made. It is a matter of trial. I am only suggesting. Otherwise, this matter I will have to hear for over one week.”

The court further orally said, “Under POCSO Act, allegation of victim alone is sufficient to convict the accused. When that is the law, the victim's veracity has to be put to test in trial. Arguing about the cases filed by the mother of the victim and against her etc and he (petitioner) can also say it is a honey trap, but they all become a matter of trial.”

Following which it suggested to the Yediyurappa's counsel, “Practically speaking what is your apprehension where you may be harassed? What observation do you want regarding that? The procedural harassment and for fair trial you may suggest that, and we can ask the trial court to dispose of the case at a specific time.”

It further orally said that as of now and looking at the file, it was the court's opinion to "reduce unnecessary waste of time for everybody”. 

Advocate Sandeep S Patil appearing for Yediyurappa said “We will get back on the suggestion positively.” He sought time to respond to the court's oral suggestion.

Following which the matter was adjourned for further hearing to Friday (September 19).

“If you (petitioner) can argue for half an hour or so and then we can close this,” the court added.

Earlier, the High Court had quashed the previous order of the Special Court which took cognizance of the case. The High Court had then directed the Special Court to pass an order afresh. On February 28, the Special Court passed the second cognizance order. This order was stayed by the high court. 

As per the complaint filed by the mother (complainant) of a 17-year-old girl, Yediyurappa sexually assaulted her daughter during a meeting in February last year, at his residence in Bengaluru. On March 14, 2024 the Sadashivanagar police had registered the case. Later, it was transferred to CID for further investigation which re-registered the FIR and filed a chargesheet.

Case Title: BS Yediyurappa vs State of Karnataka

Case No: WP 7447/2025 c/w WP 7322/2025