Apex Court Issues Limited Notice In BS Yediyurappa's Plea Challenging Karnataka HC Judgment Refusing To Quash POCSO Case; Stays Trial
The Court was hearing the SLP filed by Yediyurappa against the order of the Karnataka High Court, which refused to quash the case against him.
The Supreme Court, today, has stayed the trial proceedings against former Karnataka Chief Minister BS Yediyurappa in a case involving allegations of sexual assault of a minor under the Protection of Children from Sexual Offences (POCSO) Act.
The Court was hearing the Special Leave Petition filed by BS Yediyurappa challenging the Karnataka High Court’s order, which had refused to quash the case filed against him under the POCSO Act. The High Court had upheld the trial court’s decision to take cognizance of the case and allowed the trial to proceed, while also allowing Yediyurappa an exemption from personal appearance except when necessary.
The bench of Chief Justice Surya Kant and Justice Joymalya Bagchi ordered, “Issue notice for the limited purpose as to why the case may not be remanded to the High Court to decide afresh in the light of the liberty granted to the Petitioner vide judgment dated 07.02.2025…Meanwhile, the trial proceedings may remain stayed.”
Senior Advocates Sidharth Luthra and Siddharth Dave appeared on behalf of Yediyurappa.
Luthra submitted that the High Court had ignored the key evidence in the matter and failed to consider statements suggesting that “nothing as such happened” during the alleged incident.
He added, “There are certain statements which the prosecution suppresses; we go back to the High Court and ask that these statements should be supplied to us. Then there is a direction to supply…The high court does not even consider all these aspects. That is where I am stuck. The High Court ignored the facts that there are people present who have said that nothing of this sort has happened.”
“How can you compel the high court to conduct a mini trial?” the CJI asked.
Luthra submitted, “He is 88 year 88-year-old gentleman, four times Chief Minister, and he is suffering.”
The FIR under the Protection of Children from Sexual Offences (POCSO) Act arises from a complaint filed on March 14, 2024, by a woman, now deceased, who alleged that Yediyurappa molested her 17-year-old daughter during a visit to his residence to seek assistance. She further alleged that the former CM attempted to hush up the incident by offering money. Based on her complaint, police registered an FIR under various provisions of the POCSO Act pertaining to offences of sexual assault and harassment.
Later, on July 4, 2024, a trial court took cognizance of offences not only against Yediyurappa but also against three others for alleged destruction of evidence and attempts to suppress the case.
The Karnataka High Court subsequently quashed this cognizance order as “cryptic” and directed the trial court to reconsider.
Following this, on February 28, the Fast-Track Special Court issued a fresh cognizance order and summoned Yediyurappa and other accused for appearance on March 15.
Yediyurappa challenged the February 28 order and the complaint itself before the high court, saying the allegations were politically motivated and inconsistent.
The high court, however, declined to quash the case last month, prompting the former CM to move to the top court.
Cause Title: B.S. Yeddyurappa vs. The Criminal Investigating Department [SLP(Crl) No. 19287/2025]