ORDER :

Alok Aradhe, J.

1. Mr. P.D. Subrahmanya, learned counsel for the petitioner.

Mr. Y.D. Harsha, learned Additional Government Advocate for the respondents.

2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.

3. In this petition, the petitioner inter alia seeks a direction to respondent Nos. 1 and 2 to medically terminate the pregnancy of the petitioner after obtaining the opinion of the Expert Body of the Doctors on the physical and mental health of the petitioner at the earliest. Alternatively, the petitioner inter alia has prayed for a direction to respondent Nos. 1 and 4 to grant suitable compensation to the petitioner and to take care of the petitioner during her pregnancy and post delivery as well as the child up to a suitable period. The petitioner also seeks a direction to aforesaid respondents to bear medical expenses by extending facilities under Women and Child Development Programme in the State.

4. Facts giving rise to filing of the writ petition briefly stated may be summarized as under:

The petitioner Miss S is admittedly a minor who is prosecuting her intermediate education. She was subjected to heinous offence of rape on 16.04.2018 by the accused, in pursuance of which Crime No. 53/2018 on 14.11.2018 was registered against the accused. The petitioner did not disclose the incident to anybody including her family members out of fear from the accused. The petitioner complained of pain and discomfort in her stomach. Thereupon, she was taken to Mc. Gann Hospital, Shivamogga by her mother on 12.11.2018. Thereupon, on medical examination of the petitioner, it was learnt that petitioner has been five months pregnant. The petitioner was thereafter examined in the respondent No. 2 hospital on 12.11.2018 and it was found that she was 23 weeks pregnant.

5. Thereupon, on intimation made by the respondent No. 2 hospital, the police authorities registered first information report in Crime No. 53/2018 for the offences punishable under Sections 376(2)(i)(n) and 506 of the Indian Penal Code, 1860, and also under Sections 5(L) and 6 of the Protection of Children from Sexual Offences Act, 2012. The petitioner is a minor and is unable to bear the child. Therefore, the parents of the petitioner jointly requested the respondent No. 2 hospital to medically terminate the pregnancy. However, no action in the matter was taken as under Section 3 of Medical Termination of Pregnancy Act, 1971, pregnancy of more than 20 weeks could not be permitted to be terminated. In the aforesaid factual background, the petitioner has approached this Court seeking the relief supra.

6. Learned counsel for the petitioner submitted that the petitioner is a minor and is incapable of managing the responsibility of the child at this early age. It is also submitted that in case the petitioner is not granted the permission for medical termination of pregnancy, then respondent Nos. 1 to 4 should be directed to grant suitable compensation to the petitioner and to take care of the petitioner during pregnancy and post pregnancy period and also the child up to a suitable period. On the other hand, learned Additional Government Advocate submitted that in view of the medical report, the petitioner cannot be allowed for termination of pregnancy as there is threat to her life. It is pointed out that the State of Karnataka has framed the Karnataka Victim Compensation Scheme, 2011 and if the petitioner makes an application to the concerned District Authority, she is entitled to compensation of Rs. 3 lakhs. The learned Additional Government Advocate has also invited the attention of this Court to the Government Order dated 15.10.2014 and has submitted that in view of the aforesaid Government Order, the Deputy Commissioner is entitled to grant compensation to the tune of Rs. 75,000/-.

7. I have considered the submissions made by the learned counsel for the parties. A Bench of this Court by an order dated 10.01.20