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NC: 2026:KHC:17370 WP No. 9387 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 9387 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

SMT. BASANTI BIST BHANDHARI, AGED ABOUT 33 YEARS, Digitally signed

W/O INDAR BAHADDUR, by CHAITHRA A Location: HIGH RESIDING AT NO. 170, COURT OF

KARNATAKA NEAR BSPS GOVT. SCHOOL, KUVEMPU MAIN ROAD,

KEMPAPURA, HEBBALA, BENGALURU, KARNATAKA - 560024.

…PETITIONER (BY SMT. SHILPA PRASAD, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY,

VIDHANA SOUDHA,

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NC: 2026:KHC:17370 WP No. 9387 of 2026

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AMBEDKAR VEEDHI, BENGALURU - 560001

2. STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER,

YELAHANKA PS, YELAHANKA SUB DIVISION, BENGALURU CITY.

3. DISTRICT LEGAL SERVICES AUTHORITY, BENGALURU,

GROUND FLOOR, CITY CIVIL COURT, BENGALURU, KARNATAKA - 560001.

REPRESENTED BY ITS MEMBER SECRETARY

4. VANI VILAS HOSPITAL, VICTORIA HOSPITAL COMPOUND, FORT,

K.R.ROAD, BENGALURU - 560 002 REPRESENTED BY ITS CHIEF SURGEON.

5. CHILD WELFARE COMMITTEE, BENGALURU HOMBEGOWDA NAGAR,

BENGALURU, KARNATAKA- 560029.

REPRESENTED BY THE CHAIRPERSON

6. DISTRICT CHILDREN PROTECTION UNIT DHARAMARAM COLLEGE POST,

BESIDE KIDVAY HOSPITAL, WELFARE DEPARTMENT COMPLEX,

DR. MH MARIGOWDA ROAD, HOSUR RD, BENGALURU,

KARNATAKA-560029.

REPRESENTED BY THE DISTRICT CHILD PROTECTION OFFICER.

…RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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

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NC: 2026:KHC:17370 WP No. 9387 of 2026

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TERMINATE THE PREGNANCY OF THE PETITIONERS DAUGHTER AND ETC.

THIS WRIT 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 a direction

against respondent No. 4 to take necessary steps to

terminate the pregnancy of petitioner's daughter.

2. On filing of this petition, this Court had directed

respondent No. 4-Vani Vilas Hospital to constitute a Board and examine the victim and send a opinion as to whether the medical termination of pregnancy is feasible in the

case of hand.

3. Today, learned AGA has placed on record the

opinion rendered by the Board constituted by the Medical Superintendent of 4th Respondent/Hospital. The said

medical opinion is taken on record.

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NC: 2026:KHC:17370 WP No. 9387 of 2026

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4. The Board is clearly of the opinion that the

period of gestation is 30 weeks plus 3 days and the estimated foetal weight is 1,455 grams, indicating viable foetus. The Board has also opined that the victim is 17 years old and termination of pregnancy at this advanced gestational age may pose significant risk and

adverse perinatal outcomes for the neonate.

5. The law relating to termination of pregnancy in

India is governed by the Medical Termination of Pregnancy Act, 1971, as amended by the Medical Termination of

Pregnancy (Amendment) Act, 2021 (for short "the Act").

6. Under Section 3 of the Act, pregnancy may

ordinarily be terminated up to 20 weeks on the opinion of one registered medical practitioner and up to 24 weeks on the opinion of two registered medical practitioners for certain categories of women, which include survivors of

sexual assault and minors.

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NC: 2026:KHC:17370 WP No. 9387 of 2026

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7. Section 5 of the Act provides an exception

permitting termination beyond the prescribed limit only when such termination is immediately necessary to

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