Karnataka High Court
WP/15412/2026 of MS X Vs STATE OF KARNATAKA on 21 May 2026
NC: 2026:KHC:25240 WP No. 15412 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 15412 OF 2026 (GM-RES) BETWEEN: MS X NAME OF THE PETITIONER HAS NOT BEEN DISCLOSED. THE PETITIONER IS A
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 15412 OF 2026 (GM-RES)
BETWEEN:
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 HON'BLE COURT IN
W.P NO. 6763 OF 2020 AND
OF THE HON'BLE APEX COURT IN
NIPUN SAXENA VS. UNION OF INDIA
(2019) 2 SCC 703
THE PETITIONER IS REPRESENTED
BY HER MOTHER AND NATURAL GUARDIAN
SHASHIKALA,
W/O LATE RANJITH KUMAR,
AGED ABOUT 35 YEARS,
NO. 155, ASHRAYA NAGAR,
BANGALORE NORTH,
KARNATAKA - 560 058
…PETITIONER
(BY MS. AVANI CHOKSHI, ADVOCATE)
Digitally
signed by
NIRMALA
DEVI
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, AMBEDKAR VEEDHI,
BENGALURU - 560 001
2.
STATE OF KARNATAKA
REPRESENTED BY THE STATION HOUSE OFFICER, RMC YARD PS, YESHWANTHPUR INDUSTRIAL AREA, BANGALORE CITY - 560 022.
3.
DISTRICT LEGAL SERVICES AUTHORITY,
BENGALURU
AMBEDKAR VEEDHI,
BENGALURU,
KARNATAKA - 560 001.
REPRESENTED BY ITS MEMBER SECRETARY
4.
KC GENERAL HOSPITAL,
NEAR GROUNDS, MALLESHWARAM CIRCLE,
POLICE STATION ROAD,
MALLESHWARAM,
BENGALURU,
KARNATAKA - 560 003
REPRESENTED BY ITS CHIEF SURGEON
5.
CHILD WELFARE COMMITTEE,
BANGALORE
HOMBEGOWDA NAGAR,
BENGALURU,
KARNATAKA- 560029.
REPRESENTED BY THE CHAIRPERSON
HC-KAR
6.
DISTRICT CHILDREN PROTECTION UNIT
DHARAMARAM COLLEGE POST,
BESIDE KIDVAY HOSPITAL,
WELFARE DEPARTMENT COMPLEX,
DR. MH MARIGOWDA ROAD, HOSUR RD,
BENGALURU
KARNATAKA - 560 029.
REPRESENTED BY THE DISTRICT CHILD PROTECTION
OFFICER.
…RESPONDENTS
(BY SMT. SUKANYA BALIGA, AGA FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-A. ISSUE A WRIT
OF
MANDAMUS
AND
CONSEQUENTLY
DIRECT
THE
RESPONDENT
NO.
TO
TAKE
NECESSARY
STEPS
TO
TERMINATE THE PREGNANCY OF THE PETITIONERS DAUGHTER
B. ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT
NO.4 TO PRESERVE THE TERMINATED FOETUS FOR THE
PURPOSE OF DNA TESTING AND ANALYSIS AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present petition is filed seeking for 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.15/2026 registered before Respondent No.2 i.e., RMC Yard Police Station, Bengaluru City; D. Issue a Writ of Mandamus directing Respondent No.1 to meet the entire expense of the Petitioner towards medical expenses, counseling 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.
HC-KAR
2. This Court, vide dated 19.05.2026 had directed the Superintendent of Respondent No.4-K.C.General Hospital, Malleshwaram, Bengaluru, to constitute a Medical Board to evaluate the petitioner and file a report as to whether the petitioner is fit and able to undergo termination of pregnancy.
3. The petitioner is aged 15 years and 10 months. The pregnancy of the petitioner is as a result of a sexual assault. The Medical Board, after examining the petitioner has furnished a final opinion, which reads as under:
Final Opinion:
"Based on the above examinations and opinions Kum.Renuka.R F/o Ranjith aged 15 years 10 months, Primie with 7 months, ammenorrhoea with history of sexual assault 7 months back, has come for medical board regarding opinion for termination of pregnancy. As pregnancy as resulted due to sexual assault, we the board members opine for termination of pregnancy at this stage after explaining and counseling the patient and relatives about the complications associated with termination of teenage pregnancy".
4. In view of the aforementioned, the following:
HC-KAR
ORDER
i) The Writ Petition is allowed. ii) The Respondent No.4-K.C.General Hospital, Malleshwaram, Bengaluru is directed to take necessary steps to terminate the pregnancy of the petitioner, after taking such measures as may be necessary. iii) The Respondent No.4-K.C.General Hospital, Malleshwaram, Bengaluru shall also preserve the terminated foetus for the purpose of DNA testing analysis, subject to further orders that may be passed in Crime No.15/2026 of Yard Police Station, Bengaluru City. iv) It shall be open to the petitioner to claim such other benefits as may be available under law and if such a request is made, the same shall be adequately considered.
HC-KAR
Hand-delivery of this order is permitted.
Sd/- (C.M. POONACHA) JUDGE
DH List No.: 1 Sl No.: 111