The Supreme Court on Tuesday provided a significant relief to former Karnataka Chief Minister and senior BJP leader B.S. Yediyurappa by staying the trial proceedings against him in a case filed under the Protection of Children from Sexual Offences (POCSO) Act. The case involves the alleged sexual assault of a minor girl last year.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi passed the interim order while hearing Yediyurappa’s plea, which challenged a recent Karnataka High Court order that had refused to quash the trial court proceedings.
Basis for the Stay Order
The Supreme Court issued notice, but for a limited and specific purpose:
“Issue notice for the limited purpose as to why the case may not be remanded afresh to the high court in the light of the remedy granted to the petitioner by February 7, 2025 order of the high court.”
“Meanwhile, the trial proceedings shall remain stayed.”
The core argument put forth by Senior Advocate Siddharth Luthra, representing Yediyurappa, centered on the interpretation of a previous High Court order.
- Initial HC Order (Feb 7, 2025): The High Court had initially quashed the trial court’s order taking cognizance of the charges and directed the trial court to reconsider the matter, observing that all other issues (for challenging the criminal proceedings) would remain open.
- Second Cognizance Order (Feb 28, 2025): The trial court then issued a second order taking fresh cognizance of the charges and issuing summons against the former CM.
- Second HC Order (Nov 13, 2025): When Yediyurappa challenged this second order, the High Court dismissed the plea, arguing that the petitioner could not approach it a second time challenging the merits of the case.
- Yediyurappa’s Plea: Luthra argued that the High Court erred by “misconstruing” the February 7 order, which was never intended to foreclose the petitioner from challenging the merits of the renewed cognizance order.
Senior Advocate Luthra emphasized the hardship faced by his client, stating, “He is an an 82-year old gentleman, who is a four-time CM and he is made to suffer based on a frivolous case.”
The Allegations and Investigation
The case stems from a complaint filed on March 14, 2024, by the mother of a 17-year-old girl (the complainant has since passed away).
- The Incident: The complaint alleges that on February 2, 2024, the minor girl was sexually assaulted by Yediyurappa during a visit to his Bengaluru residence, where she had accompanied her mother seeking assistance for another person’s legal issues.
- Defense Claims: Yediyurappa’s petition vehemently denies the accusations, labeling the case as one of “clear political vendetta” and pointing out several “inconsistencies,” including a delay of 40 days in filing the complaint and the fact that the complainant had reportedly filed around 50 similar complaints against various persons, including public functionaries, in the past.
- CID Investigation: The case was transferred to the Criminal Investigation Department (CID), which filed the charge sheet in July 2024.
The Supreme Court clarified that it is not looking to entertain the case on merits at this stage, but rather to ensure the procedural right of the petitioner to challenge the case on merits at the High Court level. The matter is posted for hearing next month.