- 1 - NC: 2025:KHC-D:3676 WP No. 101376 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.101376 OF 2025 (GM-RES) BETWEEN: MS X AGED ABOUT: 14 YEARS 2 MONTHS, MINOR REPRESENTED BY HER MOTHER: HANUMAVVA W/O. HANUMANTHAPPA HARIJAN, AGED ABOUT 40 YEARS, RESIDING AT:INDARGI, KOPPAL DISTRICT: 583 228. …PETITIONER (BY SRI VISHWANATH S. BICHAGATTI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE – 560 001. 2. KOPPAL INSTITUTE OF MEDICAL SCIENCE (REGD.) KOPPAL, REPRSENTED BY THE MEDICAL SUPERINTENDENT, KOPPAL – 583 231. 3. KOPPAL INSTITUTE OF MEDICAL SCIENCE (REGD.) KOPPAL, DEPARTMENT OF RADIO DIAGNOSIS AND IMAGING (OBSTETRIC ULTRASOUND) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3676 WP No. 101376 of 2025 REPRESENTED BY ITS DIRECTOR/HOD KOPPAL – 583 231. 4. STATE OF KARNATAKA, MUNIRABAD POLICE STATION, REPR BY PUBLIC STATION, REPR BY PUBLIC PROSECUTOR, KOPPAL – 583 231. 5. DISTRICT LEGAL SERVICES AUTHORITY, REPRESENTED BY ITS CHAIRMAN/ MEMBER SECRETARY, DISTRICT COURT COMPLEX, KOPPAL – 583 231. 6. DISTRICT CHILD PROTECTION OFFICER, KOPPAL, BALAKARA SARKARI BALAMANDIRA, HOSPET ROAD, HUDKO COLONY, OLD UNION BANK BACKSIDE, KOPPAL – 583 231. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT OF MANDAMUS DIRECTING RESPONDENT NO. 2 AND RESPONDENT NO.3 TO ADMIT THE PETITIONER AND TAKE NECESSARY MEDICAL STEPS TO TERMINATE THE PREGNANCY. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING OR RESPONDENT NO. 2 AND 3 HOSPITAL, TO PRESERVE THE TERMINATED FOETUS/ PRODUCT OF CONCEPTION FOR THE PURPOSE OF DNA TESTING AND ANALYSIS. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO. 4 INVESTIGATING OFFICER, POLICE STATION, MUNIRABAD, KOPPAL BEING RESPONDENT NO. 4, TO TAKE ANY AND ALL STEPS TO CONDUCT DNA TESTS. DIRECT THE RESPONDENT NO.5, DISTRICT LEGAL SERVICES AUTHORITY, KOPPAL TO DISBURSE A SUM OF RUPEES THREE LAKHS ONLY TO THE PETITIONER UNDER THE KARNATAKA VICTIM COMPENSATION SCHEME. DIRECT THE RESPONDENT NO. 6, SUM OF RUPEES SEVENTY FIVE THOUSAND ONLY AND/OR ANY OTHER FURTHER AMOUNTS TO THE PETITIONER IN ORDER FOR HER TO MEET THE EXPENSES OF MEDICAL TREATMENTS, COUNSELLING SERVICES, AND ANY OTHER MEDICAL CARE AND ETC., - 3 - NC: 2025:KHC-D:3676 WP No. 101376 of 2025 THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner represented by her mother is before this Court seeking the following prayer: “1. Issue an appropriate Writ of Mandamus directing Respondent No. 2 and Respondent No.3 to admit the Petitioner and take necessary medical steps to terminate the pregnancy. 2. Issue an appropriate Writ, order or direction directing or Respondent No. 2 and 3 Hospital, to preserve the terminated foetus/ product of conception for the purpose of DNA testing and analysis. 3. Issue an appropriate Writ, order or direction directing the Respondent No. 4 Investigating Officer, Police Station, Munirabad, Koppal being Respondent No. 4, to take any and all steps to conduct DNA tests. 4. Direct the Respondent No.5, District Legal Services Authority, Koppal to disburse a sum of Rupees Three Lakhs Only to the Petitioner under the Karnataka Victim Compensation Scheme 5. Direct the Respondent No. 6, sum of Rupees Seventy Five Thousand Only and / or any other further amounts to the Petitioner in order for her to meet the - 4 - NC: 2025:KHC-D:3676 WP No. 101376 of 2025 expenses of medical treatments, counselling services, and any other medical care. 6. 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 their losses and costs in the above in the interests of justice and equity.” 2. Heard Sri Vishwanath S. Bichagatti, learned counsel for the petitioner and Sri Sharad V. Magadum, learned Additional Government Advocate for the respondents – State. 3. The petitioner is now aged 14 years and 2 months, the victim of rape and sexual assault. On 25.01.2025, The mother of the petitioner (victim) suspecting that the minor girl is suffering from Amenorrhea and on enquiring the minor girl, it transpires that she is a victim of sexual assault at the hands of accused – Raghavendra, a person of the same village. Later, the mother registers a complaint, which becomes a crime in Crime No.28/2025, for the offences under Sections 65(1) of the BNS 2023, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(w), 3(1)(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of - 5 - NC: 2025:KHC-D:3676 WP No. 101376 of 2025 Atrocities) Amendment Act, 2015. The victim girl was subjected to medical examination at Koppal Institute of Medical Sciences, Koppal, on 10.02.2025 and the report of the medical examination reveals that the girl is pregnant for 25 weeks and 5 days. The documents to that effect are also appended to the petition. The mother of the minor girl therefore, requests for facilitation of termination of pregnancy. On rejection of the request of the mother of the minor girl to terminate the pregnancy, the mother is before this Court seeking the aforesaid relief. 4. In view of the impending urgency, this Court by an order dated 21.02.2025, referred the victim for examination to the third respondent - Koppal Institute of Medical Sciences, Koppal, to constitute Medical Board of Gynecologist, Pediatrician and all necessary experts, who shall examine the petitioner on 22.02.2025 and give and render an opinion as to the fitness of the victim to undergo medical termination of pregnancy as also the condition of the foetus. - 6 - NC: 2025:KHC-D:3676 WP No. 101376 of 2025 5. The report of the third respondent - Koppal Institute of Medical Sciences, Koppal, is received today. The same reads as follows: “To Honorable Justice High Court, Dharwad. From The MTP Board, Koppal. Respected Sir/Madam, Sub: With reference to letter WP No.101376/2025, from the Honorable Justice High court regarding submission of Medical Board Opinion of Kumari xxxx 14 Years 2 Months with Crime no 28/2025, Section 65(1)of BNS 2023 Section 6 of POCSO act 2012, Section3(1)(W), 3(1) (2) (Va) of SC ST act 2015. **** Victim is 14 Years 2 Months old with 27 Weeks 3 Days gestation. After taking detailed clinical history and clinical examination and antenatal investigations, we are of the opinion that she does not have any other co - 7 - NC: 2025:KHC-D:3676 WP No. 101376 of 2025 morbidities and she is Physically fit for termination of Pregnancy. The Obstetric Scan done 18-02-2025 shows single live intra uterine fetus of 26 weeks 2 Days in variable presentation with no gross structural abnormalities. Thanking you, Yours faithfully, MTP Board Members.” (Emphasis added) In the light of the afore-quoted opinion of the Medical Board, the victim can undergo termination of pregnancy with necessary precautions and it would become necessary for a direction to be issued to the Hospital to undertake termination of pregnancy. Therefore, the following: ORDER 1. The writ petition is disposed. 2. Mandamus issues to respondent No.3 - Koppal Institute of Medical Sciences, Koppal, to carryout the procedure for Medical Termination of Pregnancy in terms of the Medical Termination of Pregnancy Rules, 1971, forthwith at its hospital at the cost of the State. 3. The procedure is subject to further examination of the Doctor who has to conduct such a procedure and if in the opinion of the Doctor, - 8 - NC: 2025:KHC-D:3676 WP No. 101376 of 2025 such a procedure would cause harm or injury to the life of the petitioner, the Doctor shall be the final deciding authority as to whether to go ahead or not with such a procedure; 4. The petitioner shall not be asked to make any payment towards such procedure. 5. The respondent No.5 – District Legal Services Authority to disburse a sum of Rs.25,000/- to the petitioner for her medical treatment and care as she would require in future. It shall also pay the compensation of Rs.3,00,000/- to the petitioner – victim, within a period of three months. 6. In the event of the Doctor being of the opinion that medical termination of pregnancy procedure has to be carried out and is in fact carried out, the foetus shall be preserved by the Koppal Institute of Medical Sciences, Koppal, in such a manner as to facilitate DNA testing of the foetus. The Koppal Institute of Medical Sciences, Koppal is directed to send the tissue sample of the foetus for DNA testing to the Central Forensic Testing Laboratory at Bangalore. 7. Respondent No.4 – Munirabad Police Station, Koppal, shall make necessary arrangements as may be necessary to facilitate the transport of - 9 - NC: 2025:KHC-D:3676 WP No. 101376 of 2025 the petitioner and her immediate family members/attendants to Koppal Institute of Medical Sciences, Koppal, for treatment and after such treatment for their transport back to their residence. In the event of any follow-up treatment being required and as advised by the treating doctor, shall arrange for such transport at such times as advised and/or as directed by the Doctor, the same being carried out at the cost of the State. 8. Official respondents shall file status report in two weeks. 9. A copy of this order shall be furnished to learned Additional Government Advocate. 10. Registry shall communicate this order to the Hospital – the Medical Superintendent of Koppal Institute of Medical Sciences, Koppal, forthwith, by way of electronic mail. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 2 Sl No.: 1