IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7597 OF 2026 (GM-RES)

BETWEEN:

1. MS.X (MINOR REP. BY HER MOTHER SMT. REKHA)

AGED ABOUT 48 YEARS R/AT NO.2197, 3^RD CROSS THAVAREKERE MANDYA-571 401.

…PETITIONER (BY SMT. URMILA PULLAT, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY Digitally signed by NAGARAJA B M VIDHANA SOUDHA, BANGALORE-560001.

Location: HIGH COURT OF KARNATAKA 2. MANDYA INSTITUTE OF MEDICAL SCIENCES AND TEACHING HOSPITAL MANDYA (DISTRICT HOSPITAL MANDYA)

TAMILIANS COLONY,NEHRU NAGAR MANDYA-571401.

REPRESENTED BY ITS DIRECTOR

3. STATE OF KARNATAKA BY MANDYA EAST PS REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.

4. KARNATAKA STATE LEGAL SERVICES AUTHORITY

1^ST FLOOR, NYAYA DEGULA H.SIDDAIAH ROAD BENGALURU-550 027 REPRESENTED MEMBER SECRETARY

5. DISTRICT LEGAL SERVICES AUTHORITY MANDYA, NEW ADR BUILDING NEAR DISTRICT COURT COMPLEX MANDYA-571 401.

REPRESENTED BY ITS MEMBER SECRETARY

6. CHILD WELFARE COMMITTEE MANDYA THE DISTRICT CHILD PROTECTION UNIT

2083/5, 4^TH CROSS, SUBHASH NAGAR MANDYA-571 401.

REPRESENTED BY ITS CHAIRPERSON …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R3 TO R6;

SMT. SUMANA BALIGA, ADVOCATE FOR R2)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.2 HOSPITAL TO ADMIT / EXAMINE THE PETITIONER AND TAKE NECESSARY MEDICAL STEPS TO TERMINATE THE PREGNANCY OF THE PETITIONERB, DIRECT THE RESPONDENT NO.2 HOSPITAL TO PRESERVE THE TERMINATED FETUS/ PRODUCT OF CONCEPTION FOR THE PURPOSE OF DNA TESTING AND ANALYSIS AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition is filed seeking the following reliefs:

A. Issue an appropriate Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No.2 Hospital to admit/examine 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 the Respondent No.2 Hospital 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 Hospital, to take any and all steps to conduct DNA tests at the State Forensic Laboratory, Madivala, Bangalore of the terminated fetus/product of conception for the purpose of investigation and trial in Crime No.26/2026 at the Respondent No.3-Mandya East Police Station;

D. Issue a Writ of Mandamus or any other an appropriate Writ, order or direction directing the Respondent No.4, Karnataka Legal Services Authority and Respondent No.5 - DLSA, to disburse a sum of Rupees Three Lakhs and/or any other further amounts to the Petitioner in order for her to meet the expenses of medical treatments, counseling services, and any other medical care as she may be required;

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 thier losses and costs in the above in the interests of justice and equity."

2. This Court has carefully perused the medical opinion placed on record. The Medical Board, after examining the petitioner’s daughter, has opined that the victim, who is aged about 13 years and 6 months, has been subjected to sexual assault. The Board has further opined that the pregnancy can be terminated and that the procedure would involve benefits and risks comparable to those associated with a second trimester medical termination of pregnancy. The Medical Board has therefore indicated that the procedure can be undertaken with due medical care and supervision.

3. In the light of the opinion expressed by the Medical Board, which forms part of the record, this Court is of the considered view t