BENGALURU: Karnataka high court restrained CID Friday from taking any coercive measure such as arrest against former chief minister BS Yediyurappa in a Pocso case linked to an alleged sexual assault on a 17-year-old girl, saying the BJP veteran was “not a Tom, Dick or Harry” to flee the country.
Justice Krishna S Dixit directed Yediyurappa, against whom a non-bailable arrest warrant was issued Thursday by a fast-track court on a plea by CID, to keep his commitment to appear before police for questioning on June 17.
The judge was hearing Yediyurappa’s petitions seeking anticipatory bail and quashing of the Pocso case.
“Since the petitioner’s letter dated June 11 volunteering to appear on June 17 is brought to the notice of this court, we cannot immediately jump to the conclusion that a case is made out for the arrest or detention, or for custodial interrogation of the petitioner, who happens to be a former chief minister of the state in the evening of his life,” said Justice Dixit.
He expressed surprise at the investigation agency seeking the 81-year-old’s arrest. “Why do you want to arrest him? Do you feel he will flee from this country?” the judge asked the CID counsel.
Senior advocate CV Nagesh alleged in his submission that the complainant in the case, the teenager’s now-deceased mother, had a habit of filing complaints and blackmail. He said the woman, who accused Yediyurappa of targeting her teenage daughter when they visited him on Feb 2, had previously complaints against her husband, son, politicians, bureaucrats and even police officers.
The Pocso case was registered at Bengaluru’s Sadashivanagar police station on March 14, almost one-and-a-half months after the alleged incident.
Terming the arrest warrant against BSY a violation of Supreme Court’s guidelines, advocate Nagesh said it was obtained by CID despite BSY presenting himself for interrogation on April 12 in response to the agency’s first summons. His voice sample was taken and sent for forensic tests.
Advocate general Shashikiran Shetty argued that the ex-CM’s anticipatory bail petition was not maintainable as the arrest warrant had been secured after the receipt of forensic reports and suspected attempts to tamper with or destroy evidence in the case.
The teenaged girl’s brother filed a petition in the high court, seeking Yediyurappa’s arrest.
Justice Krishna S Dixit directed Yediyurappa, against whom a non-bailable arrest warrant was issued Thursday by a fast-track court on a plea by CID, to keep his commitment to appear before police for questioning on June 17.
The judge was hearing Yediyurappa’s petitions seeking anticipatory bail and quashing of the Pocso case.
“Since the petitioner’s letter dated June 11 volunteering to appear on June 17 is brought to the notice of this court, we cannot immediately jump to the conclusion that a case is made out for the arrest or detention, or for custodial interrogation of the petitioner, who happens to be a former chief minister of the state in the evening of his life,” said Justice Dixit.
He expressed surprise at the investigation agency seeking the 81-year-old’s arrest. “Why do you want to arrest him? Do you feel he will flee from this country?” the judge asked the CID counsel.
Senior advocate CV Nagesh alleged in his submission that the complainant in the case, the teenager’s now-deceased mother, had a habit of filing complaints and blackmail. He said the woman, who accused Yediyurappa of targeting her teenage daughter when they visited him on Feb 2, had previously complaints against her husband, son, politicians, bureaucrats and even police officers.
The Pocso case was registered at Bengaluru’s Sadashivanagar police station on March 14, almost one-and-a-half months after the alleged incident.
Terming the arrest warrant against BSY a violation of Supreme Court’s guidelines, advocate Nagesh said it was obtained by CID despite BSY presenting himself for interrogation on April 12 in response to the agency’s first summons. His voice sample was taken and sent for forensic tests.
Advocate general Shashikiran Shetty argued that the ex-CM’s anticipatory bail petition was not maintainable as the arrest warrant had been secured after the receipt of forensic reports and suspected attempts to tamper with or destroy evidence in the case.
The teenaged girl’s brother filed a petition in the high court, seeking Yediyurappa’s arrest.
