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CDJ 2026 Kar HC 633 print Preview print print
Court : High Court of Karnataka
Case No : Writ Petition No. 15412 Of 2026 (GM-RES)
Judges: THE HONOURABLE MR. JUSTICE C.M. POONACHA
Parties : Ms. X Versus State Of Karnataka, Represented By Its Chief Secretary, Bengaluru & Others
Appearing Advocates : For the Petitioner: Avani Chokshi, Advocate. For the Respondents: R1 & R2, Sukanya Baliga, AGA.
Date of Judgment : 21-05-2026
Head Note :-
Constitution of India - Articles 226 & 227 -

Comparative Citation:
2026 KHC 25240,
Judgment :-

(Prayer: 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. 4 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.)

Oral Order

1. 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.

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:

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.

           Hand-delivery of this order is permitted.

 
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