- 1 - HC-KAR NC: 2026:KHC:13582 WP No. 7288 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7288 OF 2026 (GM-RES) BETWEEN: 1. MS. X NAME OF THE PETITIONER HAS NOT BEEN DISCLOSED. THE PETITIONER IS A MINOR AND A VICTIM OF SEXUAL OFFENCE HENCE, NON-DISCLOSURE OF HER NAME IS IN COMPLIANCE OF THE DIRECTIONS PASSED BY THIS HONBLE COURT IN W.P NO. 6763 OF 2020 AND OF THE HONBLE APEX COURT IN NIPUN SAXENA VS. UNION OF INDIA (2019) 2 SCC 703 THE PETITIONER IS REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. LAKSHMAMMA W/O GIRISHA AGED ABOUT 42 YEARS RESIDING AT KANUVANAHALLI SOLADEVANAHALLI, NELAMANGALA BANGALURU RURAL, KARNATAKA-562130. …PETITIONER (BY SMT. DEEPIKA HUNGENAHALLY, ADVOCATE) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13582 WP No. 7288 of 2026 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU - 560001 2. STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER NELAMANGALA RURAL POLICE STATION - 562123 3. DISTRICT LEGAL SERVICES AUTHORITY, BENGALURU RURAL CITY CIVIL COURT COMPLEX ROAD 2ND FLOOR, BENGALURU - 560 009. REPRESENTED BY ITS MEMBER SECRETARY 4. VANI VILAS HOSPITAL VICTORIA HOSPITAL COMPOUND FORT, K. R. ROAD, BENGALURU 560 002 REPRESENTED BY ITS CHIEF SURGEON 5. CHILD WELFARE COMMITTEE BANGALORE RURAL DISTRICT PRASANTHA NAGAR, DEVANAHALLI TOWN DEVANAHALLI TALUK BENGALURU RURAL-562 110 REPRESENTED BY THE CHAIRPERSON 6. DISTRICT CHILDREN PROTECTION UNIT DISTRICT CHILD PROTECTION OFFICER BENGALURU RURAL, ZILLA ADALITHA BHAVAN 2ND FLOOR, ROOM NO. 206 FRONT OF VISHWANATHAPURA POLICE STATION BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL- 562110 - 3 - HC-KAR NC: 2026:KHC:13582 WP No. 7288 of 2026 REPRESENTED BY THE DISTRICT CHILD PROTECTION OFFICER. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 TO TAKE NECESSARY STEPS TO TERMINATE THE PREGNANCY OF THE PETITIONER'S DAUGHTER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking the following reliefs: "A. Issue a Writ of Mandamus and consequently direct the Respondent No. 4 to take necessary steps to terminate the pregnancy of the Petitioner's daughter; B. Issue a Writ of Mandamus directing Respondent No. 4 to preserve the terminated foetus for the purpose of DNA testing and analysis; C. Issue a writ of Mandamus directing Respondent No. 2 to conduct DNA Test of the terminated foetus for the purpose of investigation in Crime No. 0041 of 2026 registered before Respondent No. 2 i.e., Nelamangala Rural Police Station, Annerure C. - 4 - HC-KAR NC: 2026:KHC:13582 WP No. 7288 of 2026 D. Issue a Writ of Mandamus directing Respondent No. 1 to meet the entire expense of the Petitioner towards medical expenses, counselling and other treatment she might have to undergo; E. Issue a Writ of Mandamus directing Respondent no. 3 to disburse a sum of Rs. 3,00,000/- (Rupees Three Lakh only) towards compensation as per the 'Compensation Scheme for Women Victims/survivors of Sexual Assault/other' F. Grant such or other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case." 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 16 years, 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 indicated that the procedure can be undertaken with due medical care and supervision. - 5 - HC-KAR NC: 2026:KHC:13582 WP No. 7288 of 2026 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.4–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.0041/2026 registered by Nelamangala Rural Police Station, 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 - 6 - HC-KAR NC: 2026:KHC:13582 WP No. 7288 of 2026 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.4–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.0041/2026 registered at Nelamangala Rural Police Station. (iii) The Karnataka State Legal Service Authority, Bengaluru is directed to release a sum of Rs.3 lakhs under the Karnataka Victim compensation - 7 - HC-KAR NC: 2026:KHC:13582 WP No. 7288 of 2026 Scheme,2011 in favour of the petitioner within a period of 2 weeks from the date of receipt of certified copy of this order. (iv) Respondent No.6 - District Children protection, Bengaluru is directed to release a sum of Rs.50,000/- forthwith towards the medical expenses and care of the petitioner. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 114