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2025 DAILYLAW 90843 (KAR)

XXXXX v. STATE OF KARNATAKA

WP/14052/2020 · 2025-10-15

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40997 WP No. 14052 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 14052 OF 2020 (GM-RES) BETWEEN: MS. XXXXX …PETITIONER (BY SRI. KASHINATH J.D., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HEALTH AND FAMILY WELFARE M S BUILDING DR B.R. AMBEDKAR STREET BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT HOSPITAL TUMKUR DISTRICT WARD NO.18, TUMKUR TOWN TUMKUR - 572 101 3. THE STATE OF KARNATAKA BY KORATAGERE POLICE STATION KORATAGERE TUMKUR DISTRICT - 572 138 4. THE DISTRICT LEGAL SERVICES AUTHORITY DISTRICT AND SESSIONS COURT COMPLEX TUMKUR DISTRICT TUMKUR TOWN - 572 101 REPRESENTED BY ITS CHAIRMAN 5. THE KARNATAKA STATE INTERGRATED CHILD PROTECTION SOCIETY Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40997 WP No. 14052 of 2020 DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT M S BUILDING, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY/CHAIRPERSON 6. THE CHILD WELFARE COMMITTEE DISTRICT CHILD PROTECTION UNIT 5TH CROSS, ASHOKA NAGAR TUMKUR - 572 104 REPRESENTED BY ITS CHAIRPERSON 7. DISTRICT CHILD PROTECTION OFFICER DISTRICT CHILD PROTECTION UNIT 5TH CROSS, ASHOKA NAGAR TUMKUR - 572 104 8. CHILD DEVELOPMENT PROJECT OFFICER TUMKUR DISTRICT 9TH CROSS, ASHOKA NAGAR TUMKUR - 572 103 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO 3 & R6 TO R8 SMT. GEETHADEVI M.P., ADVOCATE FOR R4) ----- THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TUMKUR DISTRICT HOSPITAL TO FORTHWITH ADMIT THE PETITIONER AND TAKE NECESSARY MEDICAL STEPS TO TERMINATE THE PREGNANCY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:40997 WP No. 14052 of 2020 ORAL ORDER Heard the learned counsel appearing for the parties 2. Sri Kashinath.J.D, learned counsel appearing for the petitioner submits that, by virtue of the interim order dated 09.12.2020, Respondent No.2-Hospital has carried out the procedure for Medical Termination of Pregnancy of the Victim. 3. In view of the aforesaid submission, it is open for the petitioner to make a representation to the Respondent- Authorities seeking compensation under the Karnataka Victim Compensation Scheme. It is open for the petitioner to make a representation to the Competent Authorities seeking compensation under the provisions of Medical Termination of Pregnancy Act, 1971, under the provisions of POCSO Act as well as the Scheme formulated by the State Government viz., Karnataka Victim Compensation Scheme. If such a representation/application is made by the Victim, the same shall be considered by the Respondent-Authorities in accordance with law and taking into consideration due recourse to the provisions contained in the aforementioned enactments. Compensation to be released in favour of the Victim within two - 4 - HC-KAR NC: 2025:KHC:40997 WP No. 14052 of 2020 months from the date of receipt of the application/representation that may be made by the Victim, if not paid, in accordance with law. With this observation, writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE rs CT-SG List No.: 1 Sl No.: 38