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2026 Supreme(Online)(Kar) 28022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


NC: 2026:KHC:27608


WP No. 16800 of 2026


DATED THIS THE 8TH DAY OF JUNE, 2026


BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ


BETWEEN:


1. SRI. T.S. THIRUMALA,


S/O LAKSHMA NAIK,


AGED ABOUT 46 YEARS,


R/O TANIGEHALLI VILLAGE,


HOLALKERE TALUK, HIREKANDAWADI,


CHITRADURGA, KARNATAKA 577 518.


(FATHER OF THE MINOR VICTIM)


2. SMT. SAKU BAI


AGED ABOUT 45 YEARS


W/O THIRUMALA NAIK


R/O BEVINHALLI VILLAGE,


CHITRADURGA, KARNATAKA.


(MOTHER / GUARDIAN OF THE MINOR VICTIM)


…PETITIONERS


(BY SRI. RISHAB TRAKROO., ADVOCATE)


AND:


1. THE STATE OF KARNATAKA,


REPRESENTED BY ITS PRINCIPAL SECRETARY,


DEPARTMENT OF HEALTH AND FAMILY WELFARE,


VIKASA SOUDHA,


BENGALURU 560 001.


2. THE SUPERINTENDENT,


DISTRICT HOSPITAL / GOVERNMENT HOSPITAL,


CHITRADURGA,


KARNATAKA 577 501


3. THE SUPERINTENDENT OF POLICE,


CHITRADURGA DISTRICT,


KARNATAKA.


…RESPONDENTS


(BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1 & R3;


Ms PRAJWALA SATYAPRAKASH., ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENTS TO IMMEDIATELY CONSTITUTE A MEDICAL BOARD AS REQUIRED UNDER THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971, TO EXAMINE THE MINOR VICTIM, KUM. XXXXXXXX, AND TO FURNISH ITS OPINION TO THIS COURT REGARDING THE FEASIBILITY OF MEDICAL TERMINATION OF THE PREGNANCY, THE GESTATIONAL AGE OF THE PREGNANCY, AND THE MEDICAL CONDITION OF THE VICTIM AND ETC.

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioners are before this Court seeking for the following reliefs:

(a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing Respondents constitute a Medical Board as required under the Medical Termination of Pregnancy Act, 1971, to examine the minor victim, Kum. XXXXXX, and to furnish its opinion to this Court regarding the feasibility of medical termination of the pregnancy, the gestational age of the pregnancy, and the medical condition of the victim;

(b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing Respondents to take all necessary steps for the medical termination of the pregnancy of the minor victim, Kum. XXXXXX, at a designated government hospital, after receipt of the Medical Board's report, in a safe and medically appropriate manner, at the State's cost;

(c) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing Respondent No. 3 to ensure the safety and protection of the minor victim and her family during the pendency of this petition and thereafter;

(d) Pass such other and further orders as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the case, in the interest of justice and for the protection of the minor victim's fundamental rights;

(e) Award costs of this Writ Petition.

2. The petitioners are the parents of the minor X, who is 15 years old. The minor was a student residing in Bevinhalli Village, Chithradurga, for educational purposes. The perpetrator of the crime, namely the accused, was also a resident of the said village, who is alleged to have taken advantage of the minor and committed repeated sexual assault, resulting in the minor conceiving, as regards which proceedings have been initiated against the said accused by filing FIR in Crime No.170 of 2026. The said FIR having been filed on 16.04.2026, no action has been taken by the respondents in pursuance of the directions issued by this Court on 15.10.2025 in W.P.No.30971 of 2025.

3. The material placed on record discloses a prima facie failure on the part of the concerned authorities to discharge the obligations cast upon them by law and by the directions issued by this Court in W.P. No.30971/2025 by order dated 15.10.2025. Despite the registration of the FIR on 16.04.2026 disclosing the commission of a serious sexual offence against a minor resulting in pregnancy, the Station House Officer does not appear to have forthwith informed the District Child Protection Unit, the Child Welfare Committee, the Department of Women and Child Development, or such other authorities as were required to be notified for the purpose of ensuring immediate care, protection, counselling, rehabilitation and access to statutory entitlements available to the victim. The directions issued by this Court were intended precisely to ensure that a minor victim and her family are not left to navigate the consequences of such offences without timely institutional intervention and support.

4. Equally disturbing is the apparent inaction on the part of the concerned child welfare authorities. It is submitted that the District Child Welfare Officer was aware of the incident, the complaint having been lodged through a representative of Balabhavana. Despite such knowledge,

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