Xxxxx Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

Xxxxx Vs State of Karnataka — Child Sexual Offences (POCSO) | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Prayers (including medical termination of pregnancy) rejected; petition disposed with directions: (i) respondent-State to process the petitioner's compensation application per the applicable procedure and disburse at the earliest, initial payment within 30 days; (ii) liberty to the minor to avail remedies under the Juvenile Justice (Care and Protection of Children) Act, 2015, including surrender of the child; (iii) respondents to comply with the directions issued in W.P.No.30971/2025.

Issue for consideration

Whether, in the face of the Medical Board's report, this Court can direct the medical termination of pregnancy of the petitioner (minor victim). +1 more

Court's answer

In the face of the Medical Board's report (minor at risk due to anaemic status and tender age; baby likely to be born alive; moderate anaemia per anaesthesiologist; increased chance of failed induction per OBG), this Court cannot direct the medical termination of pregnancy of the petitioner.

Ratio / Principle

Liberty remains available to the minor to avail of the remedies under the Juvenile Justice (Care and Protection of Children) Act, 2015, including surrender of the child, if she is unable to take care of the child.

Key takeaways

Since the FIR has been registered, the respondent-State must process the application filed by the petitioner for compensation as per the applicable procedure and disburse the amount at the earliest.ratio¶53
The initial payment of compensation shall be made within 30 days from the date of the order.ratio¶54
The respondents are directed to comply with the directions issued in W.P.No.30971/2025.ratio

Detailed headnote1 paragraphs

Writ Petition (GM-RES) under Articles 226 and 227, High Court of Karnataka (Suraj Govindaraj, J.), 03.07.2026: Concerned a minor victim (X) of alleged offences punishable under Sections 5(j)(ii), 5(l) and 6, Protection of Children from Sexual Offences Act, 2012 (FIR Crime No. 0041/2026), who had conceived and did not wish to continue the pregnancy. Reliefs sought via mandamus included constitution of a Medical Board and, subject to its opinion, medical termination of pregnancy; preservation of foetal material for DNA testing/forensic analysis; disposal of CWC representations dated 29.06.2026; financial relief under Rule 8, POCSO Rules 2020; and Rs. 3,00,000/- compensation under the Karnataka Victim Compensation Scheme, 2011. The Medical Board (constituted per the Court's order dated 02.07.2026) reported that termination could not be carried out — paediatrician: baby likely to be born alive; anaesthesiologist: moderate anaemia; OBG: increased chance of failed induction; overall: risk due to anaemic status and tender age. Holding that in the face of such a report it could not direct MTP, the Court disposed of the petition, preserved the minor's liberty under the Juvenile Justice (Care and Protection of Children) Act, 2015 (including surrender of the child), directed the State to process and disburse the compensation application at the earliest with initial payment within 30 days, and directed compliance with the directions in W.P.No.30971/2025.

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NC: 2026:KHC:33804 WP No. 20050 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JULY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 20050 OF 2026 (GM-RES)

BETWEEN:

XXXXXXX XXXXXXX XXXXXXX XXXXXXX

…PETITIONER

(BY SMT. ANANDITHA REDDY., ADVOCATE)

AND:

STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR, THROUGH HEBBAL POLICE STATION, MYSURU CITY, KARNATAKA-570001.

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

CHELUVAMBA HOSPITAL MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE (MMCRI) HAVING ITS ADDRESS AT IRWIN ROAD, MYSURU, KARNATAKA 570001

CHILD WELFARE COMMITTEE, MYSURU HAVING ITS OFFICE AT BALAKIYARA BALA MANDIRA, LALITHA MAHAL ROAD, SIDDHARTHA NAGAR, MYSURU CITY, KARNATAKA - 570032.

DISTRICT LEGAL SERVICES AUTHORITY, MYSURU HAVING ITS OFFICE AT ADR BUILDING (NEW COURT BUILDING) BEHIND B.G.S. APOLLO HOSPITAL, JAYANAGARA, MALALAVADI, MYSURU- 570014

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NC: 2026:KHC:33804 WP No. 20050 of 2026

HC-KAR

DISTRICT CHILD PROTECTION UNIT, NO.15/17, 1ST FLOOR, ANJANADRI MAIN ROAD, 2^ND PHASE, 4^TH STAGE, VIJAYANAGARA, MYSURU-570030. REPRESENTED BY DISTRICT CHILD PROTECTION OFFICER.

…RESPONDENTS

(BY SRI. SHAMANK NAIK., AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.2 TO CONSTITUTE A MEDICAL BOARD TO EXAMINE THE PETITIONER AND OPINE ON WHETHER SHE IS FIT AND MEDICALLY ABLE TO UNDERGO THE PROCEDURE FOR MEDICAL TERMINATION OF HER PREGNANCY, AND, SUBJECT TO SUCH OPINION, TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE SAID PROCEDURE AT THE EARLIEST 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

The Petitioner, who is the mother of X (minor) is before this Court seeking for the following reliefs:

A. Issue a Writ of Mandamus, or any other appropriate Writ, order or direction, directing the Respondent No.2 to constitute a Medical Board to examine the Petitioner and opine on whether she is fit and medically able to undergo the procedure for medical termination of her pregnancy, and, subject to such opinion, to take all steps necessary to carry out the said procedure at the earliest;

B. Issue a Writ of Mandamus, or any other appropriate Writ, order or direction, directing

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HC-KAR

Respondent No.3 to expeditiously consider and dispose of the representations dated 29.06.2026 submitted by the Petitioner and her mother;

C. Issue a Writ of Mandamus, or any other appropriate Writ, order or direction, directing Respondent No. 3 to extend all necessary assistance and financial relief under Rule 8 of the POCSO Rules. 2020 towards the victim. D. Issue a Writ of Mandamus, or any other appropriate Writ, order or direction, directing the Respondent No.2 to preserve the foetal material resulting from the procedure in a manner appropriate for subsequent DNA testing and forensic analysis;

E. Issue a Writ of Mandamus, or any other appropriate Writ, order or direction, directing the Respondent No.1 to ensure that all steps necessary for conducting DNA testing and forensic analysis of the preserved foetal material are taken, for the purposes of investigation and trial of FIR bearing Crime No. 0041/2026 (Annexure C);

F. Issue a Writ of Mandamus, or any other appropriate Writ, order or direction, directing the Respondent No.4 to disburse a sum of INR 3,00,000/- (Rupees Three Lakhs Only) to the Petitioner as compensation under the Karnataka Victim Compensation Scheme, 2011;

G. Grant such other relief(s) as this Hon’ble Court deems fit in the interests of justice and equity.

The above petition had been filed on the ground that X being a victim of an offence under Sections 5(j)(ii), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012. The minor having conceived does not wish to continue with the pregnancy and it

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HC-KAR

is in that background that medical termination of pregnancy was sought for.

This Court vide order dated 02.07.2026 has directed to Constitution of Medical Board. A report of the Medical Board has been submitted today. A perusal of the report indicates that:

3.1. The Medical Board has denied the procedure.

3.2. The reason given by the pediatrician is that baby is likely to be born alive.

3.3. Anesthesiologist has opined that there being moderate anemia, not suitable to carry out the procedure.

3.4. The OBG has indicated that there is an increased chance of failed induction requiring operative interventions and anemia corrections.

3.5. In effect, the Medical Board having stated that the minor is at a risk due to anemic status and tender age. They have indicated that medical termination of pregnancy cannot be carried out.

In the face of such a report by the Medical Board, this Court cannot direct the medical termination of pregnancy of the petitioner.

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HC-KAR

In that view of the matter, the prayers which have been sought for would have to be rejected. However, liberty would always be available to the minor to avail of the remedies under the Juvenile Justice (Care and Protection of Children) Act, 2015, including surrender of the child, if she is unable to take care of the child.

Since FIR has been registered, the respondent-State would have to process the application filed by the petitioner for compensation as per the applicable procedure and disburse the said amount at the earliest.

At any rate the initial payment will be made within 30 days from today.

With the above observations, the petition stands disposed .

The respondents are directed to comply with the directions issued in W.P.No.30971/2025.

Sd/(SURAJ GOVINDARAJ) JUDGE

KTY/List No.: 2 Sl No.: 11