- 1 - HC-KAR CNR: KAHC010468902026 NC: 2026:KHC:39532-DB WA No. 1719 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT APPEAL NO.1719 OF 2026 (GM-RES) BETWEEN: 1. XXXXX MINOR, REPRESENTED BY HER MOTHER AND NEXT FRIEND, SMT. NANDINI S N AGED ABOUT 46 YEARS, W/O ANANDA M RESIDING AT NO. 198/5, 1ST FLOOR, 3RD CROSS, 25TH MAIN ROAD, SANKRANTI CIRCLE, HEBBAL, MYSURU CITY, KARNATAKA. …APPELLANT (BY SMT. JAYNA KOTHARI, SENIOR COUNSEL A/W SMT. ANANDITHA REDDY, ADVOCATE) Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010468902026 NC: 2026:KHC:39532-DB WA No. 1719 of 2026 AND: 1. STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR THROUGH HEBBAL POLICE STATION, MYSURU CITY, KARNATAKA 570001 2. CHELUVAMBA HOSPITAL MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (MMCRI) IRWIN ROAD, MYSURU, KARNATAKA 570001, REPRESENTED BY MEDICAL SUPER-INTENDENT. 3. CHILD WELFARE COMMITTEE MYSURU, BALAKIYARA BALA MANDIRA, LALITHA MAHAL ROAD, SIDDHARTHA NAGAR, MYSURU CITY KARNATAKA 570032 REPRESENTED BY CHAIRMAN. 4. DISTRICT LEGAL SERVICES AUTHORITY MYSURU, ADR BUILDING (NEW COURT BUILDING) BEHIND B G S APOLLO HOSPITAL, JAYANAGARA, MALALAVADI, - 3 - HC-KAR CNR: KAHC010468902026 NC: 2026:KHC:39532-DB WA No. 1719 of 2026 MYSURU 570014, REPRESENTED BY CHAIRMAN. 5. DISTRICT CHILD PROTECTION UNIT, NO. 15/17, 1ST FLOOR, ANJANADRI MAIN ROAD, 2ND PHASE, 4TH STAGE, VIJAYANAGARA, MYSURU 570030 REPRESENTED BY THE DISTRICT CHILD PROTECTION OFFICER …RESPONDENTS (BY SRI. JAGADEESHA B.N., SPP-1 A/W MS. NAVYA SHREE T.G., ADV.) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO a) ALLOW THE PRESENT APPEAL BY SETTING ASIDE THE IMPUGNED ORDER DATED 03/07/2026 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.20050/2026 (GM-RES) AND CONSEQUENTLY ALLOW THE WRIT PETITION BY ISSUING i) A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RECONSTITUTION OF A MEDICAL BOARD AT - 4 - HC-KAR CNR: KAHC010468902026 NC: 2026:KHC:39532-DB WA No. 1719 of 2026 KC GENERAL HOSPITAL, VANI VILAS HOSPITAL OR ANY OTHER STATE LEVEL HOSPITAL TO EXAMINE THE APPELLANT AND OPINE ON WHETHER SHE IS FIT AND MEDICALLY ABLE TO UNDERGO THE PROCEDURE FOR MEDICAL TERMINATION OF HER PREGNANCY, AND SUBJECT TO SUCH OPINION, TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE SAID PROCEDURE AT THE EARLIEST, ii) A WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING RESPONDENT NO.3 TO EXTEND ALL NECESSARY ASSISTANCE AND FINANCIAL RELIEF UNDER RULE 8 OF THE POCSO RULES, 2020 TOWARDS THE VICTIMAND AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T - 5 - HC-KAR CNR: KAHC010468902026 NC: 2026:KHC:39532-DB WA No. 1719 of 2026 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) We have heard the learned Senior Counsel appearing for the appellant and the learned Special Public Prosecutor appearing for the respondent. We have considered the contentions advanced. We have also spoken to the appellant as well as the minor child in chambers. 2. The appellant as well as the minor child informed us that they wish to go ahead with the termination of pregnancy. The minor child is very clear that she does not want to continue with her pregnancy and informs us that she is well aware of the consequences of termination at this advanced stage. 3. In the above view of the matter and in view of the clear opinion expressed by the minor child and the appellant herein, we are of the opinion that the prayers as sought for in the writ appeal are liable to be granted. The report submitted today by the K.C. General Hospital, Malleshwaram, Bengaluru, shows that the pregnancy is advanced to the stage of 30 weeks 6 days of gestation and that there are no serious health - 6 - HC-KAR CNR: KAHC010468902026 NC: 2026:KHC:39532-DB WA No. 1719 of 2026 concerns expressed in the report against the conduct of the medical termination of pregnancy, except the Hemoglobin level being slightly low being 10.6 grams. 4. In the above view of the matter, we hereby direct the Chief Medical Officer, Vanivilas Hospital, Bengaluru, to conduct medical termination of pregnancy of the daughter of the appellant herein by bearing in mind all the medical consequences, at the earliest, at any rate, within a week's time, at Vanivilas Hospital, Bengaluru. If the baby is born alive, appropriate steps to see that the baby is taken care of medically and otherwise shall be taken by the respondent-State and the Hospital Authorities in accordance with law. 5. The mother of the victim girl shall give a written undertaking/consent for the medical termination of pregnancy of her daughter. 6. With the above observation, the writ appeal is closed. - 7 - HC-KAR CNR: KAHC010468902026 NC: 2026:KHC:39532-DB WA No. 1719 of 2026 7. The Registry is directed to communicate this Order immediately to the Chief Medical Officer, Vanivilas Hospital, Bengaluru. Pending applications, if any, also stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VENKATESH NAIK T) JUDGE PN List No.: 16 Sl No.: 1