ORDER

The petitioner – victim is before this Court seeking the following prayer:

a. “Issue an appropriate Writ of Mandamus or any other appropriate Writ, order or direction, directing Respondent No.4 to admit the Petitioner and take necessary medical steps to terminate the pregnancy of the Petitioner;

b. Issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing or Respondent No.4 to preserve the terminated fetus / product of conception for the purpose of DNA testing and analysis;

c. Issue a Writ of Mandamus or any other an appropriate Writ, order or direction directing Respondent No.2, to take any and all steps to conduct DNA tests at the State Forensic Laboratory, Madivala, Bengaluru of the terminated fetus/product of conception for the purpose of investigation and trial in Crime No.0021/2024 at (Annexure – D) the HAL Police Station;

d. Issue a Writ of Mandamus or any other an appropriate Writ, order or direction directing the Respondent No.3 Karnataka Legal Services Authority to disburse a sum of Rupees one lakh and / or any other further amounts to the petitioner in order for her to meet the expenses of medical treatments, counselling services, and any other medical care as she may require;

e. Grant such or other reliefs as this Hon’ble Court deems fit in the facts and circumstances of the above case as also compensation for their losses and costs in the above in the interests of justice and equity.”

2. Heard Sri Vishwajith, learned counsel for petitioner and Sri Kiran Kumar, learned High Court Government Pleader for the respondents – State.

3. This Court in terms of the order dated 18.01.2024, the victim – petitioner, who is a minor, aged 14 years, was referred to K.C.General Hospital to give an opinion of the doctor concerning the petitioner to undergo medical termination of pregnancy as also the condition of the foetus. In terms of the order dated 22.01.2024, after receipt of the report of the hospital, the hospital was directed through the respondents – State to undertake medical termination of pregnancy of the victim. The order reads as follows:

“3. The victim - petitioner is aged 14 years. She is a victim of sexual assault at the hands of the accused in Crime No.21 of 2024 for offences punishable under Section 3(1)(w)(i) and (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w. Section 3(a), 4, 5(j)(ii), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 376 of the Indian Penal Code, 1860. On account of Amenorrhea for few months, the petitioner – victim herself tested with the help of a pregnancy kit and got to know that she was pregnant. The documents appended to the petition would indicate that the petitioner was examined at Sri C.V.Raman General Hospital, Bengaluru, on 10.01.2024. The Obstetric Ultrasound examination report resulted in an indication that the petitioner is 25 weeks and 3 days pregnant.

4. In view of the impending urgency, this Court by an order dated 18.01.2024, referred the victim for examination to K.C.General Hospital, Bangalore to constitute Medical Board of Gynecologist, Pediatrician and all necessary experts, who shall examine the petitioner on 22.01.2024 and render an opinion as to the fitness of the victim to undergo medical termination of pregnancy as also the condition of the foetus.

5. The report of the K.C.General Hospital, Bengaluru, is received today and it reads as follows:

”GOVERNMENT OF KARNATAKA K.C.GENERAL HOSPITAL, MALLESHWARAM, BENGALURU No:KCGH/MTP/01/2023-24 Date:20/01/2024 Medical Termination Pregnancy (MTP) Medical Board opinion in respect of victim – petitioner, age 14 years, as per the order by Honorable High court of Karnataka at Bengaluru. W.P. No.1764/2024. Dt: 18-01- 2024, to opine regarding fitness for Medical Termination Pregnancy (MTP) and to know the condition of the fetus.

Victim – petitioner was brought to K C General Hospital on 19-01-2024 at 10.19am accompanied by child welfa