"He is no Tom, Dick or Harry": Karnataka High Court stays arrest of former CM BS Yediyurappa in POCSO case

The Karnataka High Court on Friday stayed the arrest of Bharatiya Janata Party (BJP) leader and former Chief Minister BS Yediyurappa in connection with a case registered against him under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act)..Justice S Krishna Dixit today questioned the necessity to arrest Yediyurappa. The Court was also not convinced by the State's allegation that the former CM had evaded a notice issued on June 11 to appear before the investigating officer, by flying to Delhi citing prior party commitments, hours after the notice was issued. "(Plane) ticket was booked only after notice is issued to him," Advocate General (AG) Shashi Kiran Shetty had argued today. The Court, however, observed that Yediyurappa was a former Chief Minister and was unlikely to flee. The Court also noted that Yediyurappa had replied to the June 11 notice by stating that he would appear before the Investigating Officer on June 17. "He is not some Tom, Dick or Harry. He is a former Chief Minister of State. Is it your case he will flee the country? What can he do by leaving to Delhi from Bangalore," the Court said..The single-judge eventually ordered that no coercive action be taken against the former CM, particularly since Yediyurappa had volunteered in writing to appear before the investigating officer on June 17"We cannot immediately jump to the conclusion that a case is made for arrest and detention for custodial interrogation of the petitioner who has been former Chief Minister of State and (is of advanced age) and has ailments natural to that age ... Proceedings for arrest and detention of petitioner are put on hold till the next date of hearing," the Court said.The Court, however, said that Yediyurappa has to appear before the jurisdictional police for investigation on June 17. The order uploaded later on the High Court's website states,"I am of the considered opinion that at this stage, no case is made out for halting the ongoing investigation ... and that the petitioner should participate in the same by appearing before the jurisdictional Police on 17.06.2024 as was assured by him. That being said, the petitioner, who is a former Chief Minister of the State for multiple times and who is now an octogenarian, shall not be arrested when he appears before police and cooperates in the investigation process.".The case involves allegations that Yediyurappa molested a 17-year-old girl after she accompanied her mother on a visit to the senior BJP leader's residence to seek some help.The girl's mother (complainant) lodged a complaint at the Sadashivanagar police station inspector on March 14 regarding the incident, accusing Yediyurappa of having taken the 17-year-old girl into a room by hand before sexually harassing her behind locked doors.The complainant added that when confronted about this conduct, Yediyurappa allegedly tried to hush up the issue by offering money.The police registered a first information report (FIR) under Section 8 of the POCSO Act and Section 354(A) of the IPC on charges of sexual harassment of a minor..During the hearing today, the Court questioned the credibility of the complainant in the POCSO case. Appearing for Yediyurappa, advocate CV Nagesh argued that the person who filed the complainant (mother of the 17-year-old girl) had been in the habit of filing frivolous cases.The Court, in reply, mused that there may be a need to examine the credibility of the complainant. The Court was also informed that the complainant has since passed away, after succumbing to illness on May 26. The Court further expressed concerns about the manner in which the arrest warrant came to be issued against Yediyurappa. "The way things have happened, there is doubt that there is something hidden in this matter," the Court said."Nothing hidden, milord," the AG replied."Here is an ex-Chief Minister. He scrupulously complied with first notice. Then, you issue one more notice, it is your power, privilege and authority. And he said, I will come on 17th. It is not his case he (Yediyurappa) will never come back to Karnataka! He said he is coming back in writing - still you want to arrest him? If an ex-Chief Minister is treated that way, I am just wildly thinking, what will happen to layman?" the Court asked..The Court proceeded to issue notice in the matter and asked the State to submit a statement of objections. The Court was hearing two connected cases, one being an anticipatory bail plea filed by Yediyurappa. The second petition, also filed by Yediyurappa, seeks the quashing of the POCSO case against him. Notably, yesterday, the Additional City Civil and Sessions Judge, (Fast Track Special Court-I) NM Ramesh issued an arrest warrant against the former CM which has now effectively been stayed by the High Court. .[Read Order].[Read live coverage of case]