BENGALURU: The Karnataka high court on Friday granted conditional relief to former chief minister BS Yediyurappa in relation to a case registered against him under the provisions of Protection of Children from Sexual Offences Act, 2012. In his order, Justice Krishna S Dixit has said that no coercive measures should be taken against the octogenarian leader and directed the senior BJP leader to appear before the police for questioning on June 17, in terms of his reply to the notice sent by the CID .
“Since the petitioner on the basis of the letter dated June 11, 2024 volunteering to appear on June 17 , 2024 is brought to the notice of the court, we cannot immediately jump to the conclusion that a case is made out for arrest or detention nor for custodial interrogation of the petitioner who happens to be a former chief minister of the state and in the late evening of his life with ailments natural to that age” the judge has noted in his order.
In view of the above any coercive measures for arrest of the petitioner are put on hold. The petitioner as stated in his letter shall appear before the jurisdictional police for investigation, the judge further added.
“The records reveal that the police had issued a notice under section 41A of CrPC dated March 28, 2024 and accordingly, the petitioner had appeared before the jurisdictional officer and participated in the investigation process. Since second notice dated June 10, 2024 issued on similar lines and served on the petitioner on June 11, 2024 the petitioner did not appear before the jurisdictional police and therefore arrest warrant at the hands of trial judge was secured” Justice Dixit further noted in his order.
Following the arrest warrant issued by a fast track court,Yediyurappa has not only sought anticipatory bail but also sought quashing of the FIR registered by the Sadashivanagar police on March 14,2024 alleging that he had sexually harassed the 17- years old daughter of the complainant woman on February 2,2024 when they had gone to his house seeking for help.Incidentally, the complainant woman died of cancer on May 26,2024.
In the meantime,the brother of the victim girl has filed a separate petition before the high court seeking arrest of BS Yediyurappa.
The high court has ordered notice to the respondents in all these petitions to the respondents.
“Since the petitioner on the basis of the letter dated June 11, 2024 volunteering to appear on June 17 , 2024 is brought to the notice of the court, we cannot immediately jump to the conclusion that a case is made out for arrest or detention nor for custodial interrogation of the petitioner who happens to be a former chief minister of the state and in the late evening of his life with ailments natural to that age” the judge has noted in his order.
In view of the above any coercive measures for arrest of the petitioner are put on hold. The petitioner as stated in his letter shall appear before the jurisdictional police for investigation, the judge further added.
“The records reveal that the police had issued a notice under section 41A of CrPC dated March 28, 2024 and accordingly, the petitioner had appeared before the jurisdictional officer and participated in the investigation process. Since second notice dated June 10, 2024 issued on similar lines and served on the petitioner on June 11, 2024 the petitioner did not appear before the jurisdictional police and therefore arrest warrant at the hands of trial judge was secured” Justice Dixit further noted in his order.
Following the arrest warrant issued by a fast track court,Yediyurappa has not only sought anticipatory bail but also sought quashing of the FIR registered by the Sadashivanagar police on March 14,2024 alleging that he had sexually harassed the 17- years old daughter of the complainant woman on February 2,2024 when they had gone to his house seeking for help.Incidentally, the complainant woman died of cancer on May 26,2024.
In the meantime,the brother of the victim girl has filed a separate petition before the high court seeking arrest of BS Yediyurappa.
The high court has ordered notice to the respondents in all these petitions to the respondents.