Trial court directed not to insist on the personal presence of the aged accused, former Chief Minister B.S. Yeddyurappa, unless necessary.
In a significant judgment, the Karnataka High Court has upheld the trial court's order taking cognizance of offences under the Protection of Children from Sexual Offences Act, 2012, and the Indian Penal Code, 1860, against former Chief Minister B.S. Yeddyurappa and others. The High Court, presided over by Justice M.I. Arun, dismissed the writ petitions challenging the trial court's order and emphasized the need for a full trial to determine the veracity of the allegations.
The case involves serious allegations against Yeddyurappa, accused of molesting a minor girl who had approached him seeking justice for a previous assault. The allegations also involve attempts to suppress evidence by coercing the complainant to delete incriminating videos and offering hush money. The other accused in the case are alleged to have assisted in these acts.
The High Court clarified that the trial court had properly applied its mind before taking cognizance of the case and issuing summons. It highlighted that the proceedings should not be influenced by political vendetta, as alleged by the petitioners. The court also recognized the advanced age and health conditions of Yeddyurappa, directing the trial court not to require his presence unless necessary and to consider exemption applications favorably.
The High Court's decision further stated that any observations made by it were limited to the context of the writ petitions and should not influence the trial court's independent assessment during the trial. The accused were granted the liberty to file appropriate applications, including one for discharge, as the trial progresses.
Bottom Line:
Cognizance of offences under Protection of Children from Sexual Offences Act, 2012 and Indian Penal Code upheld; trial court instructed not to insist on personal presence of aged accused during proceedings unless necessary.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Section 8, Indian Penal Code, 1860 Sections 354A, 204, 214, 37, Criminal Procedure Code, 1973 Section 482.
