Reserved on : 06.02.2026 Pronounced on : 21.02.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.884 OF 2026 C/W CRIMINAL PETITION No.14326 OF 2025 IN CRIMINAL PETITION No.884 OF 2026 BETWEEN:

1 . SARDAMMA W/O DASEGOWDA AGED ABOUT 48 YEARS, BYRAPATTANA, CHANNAPATTANA TALUK, MALUR, CHANNAPATNA RAMANAGARA – 562 160.

2 . DASEGOWDA S/O NARAYANAGOWDA, AGED ABOUT 60 YEARS, BYRAPATTANA, CHANNAPATTANA TALUK, MALUR, CHANNAPATNA RAMANAGARA – 562 160.

... PETITIONERS (BY SRI HEMANTH KUMAR K., ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA BY BYATARAYANAPURA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX, BENGALURU – 560 001.

2 . DR. RAVINDRANATH M. METI DISTRICT HEALTH AND FAMILY WELFARE OFFICER DISTRICT COMPETENT AUTHORITY, P.C AND PNDT ACT, BENGALURU.

... RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL.SPP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF B.N.S.S., PRAYING TO QUASH THE FIRST INFORMATION REPORT IN CRIME NO.286/2025 REGISTERED BY THE BYATARAYANAPURA POLICE, FOR THE OFFENCE PUNISHABLE UNDER SECTION 4 OF THE MEDICAL TERMINATION OF PREGNANCY ACT 1971 AND UNDER SECTION 91 R/W 3(5) THE BHARATIYA NYAYA SANHITA, 2023 BEFORE THE XLVI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU.

IN CRIMINAL PETITION No.14326 OF 2025 BETWEEN:

DR. SHASHI S.L., AGED ABOUT 56 YEARS, RADIOLOGIST, DISTRICT HOSPITAL, RAMANAGARA, RAMANAGARA DISTRICT PIN 562 159.

RESIDING AT NO. KT 80, 6^TH CROSS, MARIGOWDA LAYOUT, MANDYA – 571 401.

... PETITIONER (BY SRI SHRIDHARA K., ADVOCATE)

AND:

THE DISTRICT APPROPRIATE AUTHORITY RAMANAGARA CONSTITUTED UNDER THE P.C- P.N.D.T. ACT, REPRESENTED BY DR.NIRANJAN B.S., DISTRICT HEALTH AND FAMILY WELFARE OFFICE, RAMANAGARA DISTRICT, PIN 562 159, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR BEEDI, BENGALURU – 560 001.

... RESPONDENT (BY SRI B.N.JAGADEESHA, ADDL.SPP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2519/2025 (P.C.R.NO.401/2024) PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC, AT RAMANAGARA, FOR THE OFFENCES P/U/S 23 OF PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION)

ACT, 1994 AGAINST THE PETITIONER.

THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 06.02.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

Both these petitions are filed by different accused in different proceedings, but arising out of the same substratum of facts. They are therefore, taken up together and considered in this common order.

2. Heard Sri Hemanth Kumar K, learned counsel appearing for petitioners in Criminal Petition No.884 of 2026; Sri Shridhara K, learned counsel appearing for the petitioner in Criminal Petition No.14326 of 2025 and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for the respondents in both the petitions.

3. Facts in brief, germane, are as follows:

IN CRIMINAL PETITION NO.884 OF 2026:

The petitioners - accused Nos.4 and 5 in crime No.286/2025 are before this Court calling in question the very registration of the crime for the offences punishable under Section 4 of the Medical Termination of Pregnancy Act, 1971 (‘the Act’ for short) and Sections 3(5) and 91 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’).

IN CRIMINAL PETITION NO.14326 OF 2025:

The petitioner is accused No.1 in C.C.No.2519 of 2025 arising out of PCR No.401 of 2024, registered for offence punishable under Section 23 of the Pre-conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (‘PCPNDT Act’ for short). Therefore, on the same set of facts offences have sprung under two different enactments as noted hereinabove.

THE SUBSTRATUM :

4. On 22-08-2025 one Smt. Harsitha, wife of accused No.1 who was carrying for the third child, already having two female children, int