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Karnataka High Court
Ms.X vs State Of Karnataka on 6 March, 2026
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NC: 2026:KHC:13903
WP No. 7597 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 7597 OF 2026 (GM-RES)
BETWEEN:
1. MS.X
(MINOR REP. BY HER MOTHER
SMT. REKHA)
AGED ABOUT 48 YEARS
R/AT NO.2197, 3RD CROSS
THAVAREKERE
MANDYA-571 401.
...PETITIONER
(BY SMT. URMILA PULLAT, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
Digitally signed by
THE CHIEF SECRETARY
NAGARAJA B M VIDHANA SOUDHA, BANGALORE-560001.
Location: HIGH
COURT OF
KARNATAKA
2. MANDYA INSTITUTE OF MEDICAL
SCIENCES AND TEACHING HOSPITAL
MANDYA (DISTRICT HOSPITAL MANDYA)
TAMILIANS COLONY,NEHRU NAGAR
MANDYA-571401.
REPRESENTED BY ITS DIRECTOR
3. STATE OF KARNATAKA
BY MANDYA EAST PS
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
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WP No. 7597 of 2026
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4. KARNATAKA STATE LEGAL SERVICES AUTHORITY
1ST FLOOR, NYAYA DEGULA
H.SIDDAIAH ROAD
BENGALURU-550 027
REPRESENTED MEMBER SECRETARY
5. DISTRICT LEGAL SERVICES AUTHORITY
MANDYA, NEW ADR BUILDING
NEAR DISTRICT COURT COMPLEX
MANDYA-571 401.
REPRESENTED BY ITS
MEMBER SECRETARY
6. CHILD WELFARE COMMITTEE
MANDYA
THE DISTRICT CHILD PROTECTION UNIT
2083/5, 4TH CROSS, SUBHASH NAGAR
MANDYA-571 401.
REPRESENTED BY ITS CHAIRPERSON
...RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R3 TO R6;
SMT. SUMANA BALIGA, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT
NO.2 HOSPITAL TO ADMIT / EXAMINE THE PETITIONER AND
TAKE NECESSARY MEDICAL STEPS TO TERMINATE THE
PREGNANCY OF THE PETITIONERB, DIRECT THE RESPONDENT
NO.2 HOSPITAL TO PRESERVE THE TERMINATED FETUS/
PRODUCT OF CONCEPTION FOR THE PURPOSE OF DNA
TESTING AND ANALYSIS AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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WP No. 7597 of 2026
HC-KAR
ORAL ORDER
The captioned petition is filed seeking the following
reliefs:
A. Issue an appropriate Writ of Mandamus or
any other appropriate writ, order or direction,
directing Respondent No.2 Hospital to admit/examine
the Petitioner and take necessary medical steps to
terminate the pregnancy of the Petitioner;
B. Issue a Writ of Mandamus or any other
appropriate Writ, order or direction directing the
Respondent No.2 Hospital to preserve the terminated
fetus/product of conception for the purpose of DNA
testing and analysis;
C. Issue a Writ of Mandamus or any other an
appropriate Writ, order or direction directing
Respondent No.2 Hospital, to take any and all steps
to conduct DNA tests at the State Forensic
Laboratory, Madivala, Bangalore of the terminated
fetus/product of conception for the purpose of
investigation and trial in Crime No.26/2026 at the
Respondent No.3-Mandya East Police Station;
D. Issue a Writ of Mandamus or any other an
appropriate Writ, order or direction directing the
Respondent No.4, Karnataka Legal Services Authority
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and Respondent No.5 - DLSA, to disburse a sum of
Rupees Three Lakhs and/or any other further
amounts to the Petitioner in order for her to meet
the expenses of medical treatments, counseling
services, and any other medical care as she may be
required;
E. Grant such or other reliefs as this Hon'ble
Court deems fit in the facts and circumstances of the
above case as also compensation for thier losses and
costs in the above in the interests of justice and
equity."
2. This Court has carefully perused the medical
opinion placed on record. The Medical Board, after
examining the petitioner's daughter, has opined that the
victim, who is aged about 13 years and 6 months, has
been subjected to sexual assault. The Board has further
opined that the pregnancy can be terminated and that the
procedure would involve benefits and risks comparable to
those associated with a second trimester medical
termination of pregnancy. The Medical Board has therefore
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indicated that the procedure can be undertaken with due
medical care and supervision.
3. In the light of the opinion expressed by the
Medical Board, which forms part of the record, this Court
is of the considered view that permission deserves to be
granted for medical termination of pregnancy. Having
regard to the fact that the victim is a minor and also
taking note of the circumstances under which the
pregnancy has occurred, this Court deems it appropriate
to direct respondent No.2-Hospital to carry out the
procedure of medical termination of pregnancy of the
petitioner's daughter at the earliest. Such a direction is
necessitated to ensure that there are no further medical
complications, particularly in view of the fact that some
time has already elapsed.
4. It is further clarified that since criminal
proceedings are pending in Crime No.0026/2026
registered by Mandya East Police Station, the foetus, upon
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termination of pregnancy, shall be preserved strictly in
accordance with the applicable medical and forensic
protocols. The preservation shall be undertaken so as to
enable DNA testing and analysis, which may be required
during the course of investigation.
5. For the foregoing reasons, writ petition stands
disposed of with the following directions:
(i) Respondent No.2-Hospital to carry out the
procedure of medical termination of pregnancy of the
petitioner's daughter at the earliest.
(ii) The foetus, upon termination of pregnancy, shall
be preserved strictly in accordance with the
applicable medical and forensic protocols. The
preservation shall be undertaken so as to enable DNA
testing and analysis, which may be required during
the course of investigation in Crime No.0026/2026
registered at Mandya East Police Station.
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(iii) The Karnataka State Legal Service Authority,
Bengaluru is directed to release a sum of Rs.3 lakhs
under the Karnataka Victim compensation Scheme,
2011 in favour of the petitioner within a period of two
weeks from the date of receipt of certified copy of
this order.
(iv) The District Children Protection Unit, Bengaluru
is directed to release a sum of Rs.50,000/- forthwith
towards the medical expenses and care of the
petitioner's daughter.
(v) The petitioner shall approach the District Children
Protection Unit, Bengaluru and seek for release of the
aforesaid amount.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
CA
List No.: 2 Sl No.: 70
