Supreme Court’s Decision
On Tuesday, the Supreme Court intervened to pause the trial proceedings involving BS Yediyurappa, the former Chief Minister of Karnataka, in connection with allegations of sexual assault against a 17-year-old girl.
A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi made this ruling after considering a petition from Yediyurappa challenging the Karnataka High Court’s decision to not dismiss the case.
The Supreme Court has issued a notice to the Karnataka government to determine if the case should be sent back to the High Court for further review.
Background of the Case
Previously, on November 13, the High Court upheld a special court’s February ruling that had acknowledged the chargesheet against Yediyurappa and mandated his appearance in court.
The allegations against him were filed on March 14, 2024, under the Protection of Children from Sexual Offenses Act, concerning an incident involving a minor who is a survivor of a separate 2015 rape case.
Yediyurappa, aged 82, is accused of assaulting the girl on February 2, 2024, when she and her mother sought his assistance regarding the earlier case.
Legal Proceedings and Arguments
During the Supreme Court hearing, Yediyurappa’s lawyer, Sidharth Luthra, argued that the High Court overlooked significant evidence, claiming that the prosecution had suppressed certain statements.
Luthra emphasized that there were witnesses present who could attest that the alleged incident did not occur, asserting that Yediyurappa has served as Chief Minister four times.
He further contended that the BJP leader was a victim of political vendetta.
High Court’s Directives
The Chief Justice questioned how the High Court could be forced to conduct a mini-trial during the proceedings.
On November 13, the High Court instructed the special court to avoid insisting on Yediyurappa’s presence unless absolutely necessary, allowing him the option to seek discharge from the trial.
Earlier, on February 7, the High Court had granted him protection from arrest and returned the case to the trial court, indicating that the special court had made an error in acknowledging the chargesheet.
Details of the Allegations
The complainant stated that during a meeting with Yediyurappa at his residence on February 2, 2024, she was separated from her mother while the latter discussed the 2015 rape case, during which the alleged molestation occurred.
Yediyurappa has denied these allegations, asserting that he was merely providing legal assistance to the family regarding the previous case.
Additionally, Yediyurappa and three associates face charges under the Indian Penal Code for allegedly destroying evidence and attempting to bribe to conceal the offense related to a video recorded by the girl’s mother during a confrontation with him after the alleged assault.
