- 1 - HC-KAR NC: 2025:KHC:42900 WP No. 32244 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32244 OF 2025 (GM-RES) BETWEEN: KUM JYOTHI D/O SRI NINGASHETTY, AGED ABOUT 28 YEARS, RESIDING AT MOODALA AGRAHARA VILLAGE, SANTHEMARAHALLI HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT-571115. (A PERSON WITH INTELLECTUAL DISABILITY, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, SRI NINGASHETTY, S/O SRI RANGASHETTY, AGED ABOUT 57 YEARS, R/AT RESIDING AT MOODALA AGRAHARA VILLAGE, SANTHEMARAHALLI HOBLI, CHAMARAJANAGAR TALUK AND DISTRICT …PETITIONER (BY SMT. ARCHANA K.M..,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE, REPRESENTED BY ITS SECRETARY NO. 105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU - 560 001 2. CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES TEACHING HOSPITAL NO.117, UTHAVALLI VILLAGE, KASABA HOBLI, CHAMARAJANAGAR - 571313. 3. DISTRICT LEGAL SERVICES AUTHORITY, REPRESENTED BY ITS CHAIRMAN/ MEMBER SECRETARY, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42900 WP No. 32244 of 2025 A.D.R. CENTRE, DISTRICT COURT PREMISES CHAMARAJANAGAR-571313 4. STATE OF KARNATAKA KUDERU POLICE STATION, SANTEMARAHALLI CIRCLE CHAMARAJANAGARA TALUK-571115 5. KARNATAKA STATE LEGAL SERVICES AUTHORITY HIGH COURT COMPLEX BENGALURU-560027 …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA FOR R1, R2 & R4; SMY. VIDYULATHA, ADVOCATE FOR R3 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHR APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NO. 2 AND 3 TO FORTHWITH CONSTITUTE A QUALIFIED MEDICAL BOARD AT CHAMARAJANAGAR INSTITUTE OF MEDICAL SCIENCES (CIMS) TO EXAMINE THE PETITIONER (KUM. JYOTHI, D/O NINGASHETTY, 28 YEARS) AND SUBMIT A REPORT ON THE FEASIBILITY AND SAFETY OF PERFORMING A MEDICAL TERMINATION OF HER PREGNANCY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. Issue a Writ in the nature of Mandamus or any other appropriate writ, order, or direction, directing the Respondents No. 2 and 3 to forthwith constitute a qualified Medical Board at Chamarajanagar Institute of Medical Sciences (CIMS) to examine the Petitioner (Kum. Jyothi, D/o Ningashetty, 28 years) and submit a - 3 - HC-KAR NC: 2025:KHC:42900 WP No. 32244 of 2025 report on the feasibility and safety of performing a medical termination of her pregnancy. b. Issue a writ of mandamus or any other appropriate writ order or direction, directing the Respondent No.2 to immediately take necessary steps to medically terminate pregnancy of the petitioner at the Chamarajanagar Institute of Medical Sciences (CIMS) or any other designated hospital, under the supervision of the Medical Board, should the Board find it safe to proceed. c. Issue writ of mandamus or any other appropriate writ or order of direction, directing the Respondent No.2 to preserve the terminated foetus for the purpose of DNA testing and analysis. d. Issue writ of mandamus or any other appropriate writ or order of direction, directing Respondent No.4 to take all steps necessary for conducting relevant forensic tests of the terminated foetus for the purpose of investigation and trial of FIR bearing Crime Number No.68/2025 registered at the Respondent No.4 vide Annexure-C1 and the Investigating Officer (Respondent No.4) to collect, preserve, and secure the placenta and/or foetal tissue obtained from the procedure for the purpose of DNA profiling and analysis, to be used as evidence in the investigation of Crime No.68/2025, Kuderu Police Station. e. Issue writ of mandamus or any other appropriate writ or order of direction, the Respondent No.5 to disburse a sum of rupees 40,000 to the petitioner as compensation under the Karnataka victim compensation scheme 2011. f. Pass any such writs, orders and directions as this Hon'ble court may deem fit in the facts and circumstances of the case in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC:42900 WP No. 32244 of 2025 2. The petitioner is represented by her father and natural guardian on account of she suffering from Intellectual Disability which has been certified to be 75%. The petitioner was a victim of a sexual offence of rape as regards which Crime No.68 of 2025 came to be registered in Kuderu Police Station on 04.09.2025 for offences under Sections 64(2)(i) and 64(2)(k) of the Bharatiya Nyaya Sanhita (BNS), 2023. 3. The petitioner having been subjected to medical examination, subsequently pregnancy was confirmed with a gestational age of approximately 20 weeks. The petitioner not having adequate counselling, the family members not having appropriate exposure to the applicable law could not take immediate decisions they had approached the District Legal Service Authority (DLSA), Chamarajanagar subsequently for legal aid. - 5 - HC-KAR NC: 2025:KHC:42900 WP No. 32244 of 2025 4. When the DLSA referred the matter to the High Court Legal Services Committee for further action. No action has been taken the petitioner is before this Court contending that the petitioner does not want to continue with the pregnancy which is arising out of a sexual offence of rape. Secondly, it is contended that the petitioner suffering from 75% Intellectual Disability i.e., Mental Retardation it would not be in the interest of the petitioner or the child for the pregnancy to continue. In that background that the matter was referred to the Medical Board of respondent No.2. 5. Respondent No.2 has today submitted a report indicating that Medical Termination of Pregnancy could be carried out, though the same would be high risk. In that view of the matter, learned AGA was once again directed to obtain instruction and make her submission. - 6 - HC-KAR NC: 2025:KHC:42900 WP No. 32244 of 2025 6. On instruction, she submits that the petitioner suffering from Intellectual Disability it is in the interest of the petitioner that Medical Termination of Pregnancy is carried out at the earliest. In that view of the matter, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued directing respondent No.2 to take necessary steps to terminate the pregnancy of petitioner in terms of the report dated 28.10.2025 which has been furnished by Medical Board of respondent No.2. iii. Respondent No.2 is directed to preserve the terminated fetus for the purpose of DNA testing and analysis in the criminal proceeding which is pending. iv. Respondent No.4 is directed to conduct DNA test of the terminated fetus for the purpose of investigation in Crime No.68/2025 registered by respondent No.4-Kuderu Police Station. - 7 - HC-KAR NC: 2025:KHC:42900 WP No. 32244 of 2025 v. Respondent No.1 is directed to bear the entire expenses of Medical Termination of Pregnancy procedure as directed by this Court. vi. Respondent No.5 is directed to now release an amount of Rs.40,000/- as part of the victim compensation under the Victim Compensation Scheme, 2011 within two days from today. The rest of the compensation amount shall be disbursed as per the directions of the Karnataka State Legal Services Authority in the manner as determined by the KSLSA. vii. A report as regards the Medical Termination of Pregnancy procedure which is to be carried out shall be placed before this Court after the same is carried out. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 5