IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29562 OF 2019 (GM-RES) BETWEEN:
SMT JYOTHI N. D/O NAGARAJ AGED ABOUT 18 YEARS R/AT NO.3, LASHMIVILAS, 2ND CROSS, JARAGANAHALLI, JP NAGAR, 6TH PHASE, NEAR G.K.M. COLLEGE, BANGALORE-560 078.
(BY SRI. ASHOK G. V., ADV.) AND 1. STATE OF KARNATAKA REP BY CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE-560 001.
2. VANI VILAS HOSPITAL REP BY THE MEDICAL SUPERINTENDENT BANGALORE-560 002.
3. BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE REP BY ITS DIRECTOR FORT, KR ROAD BANGALORE-560 002.
4. STATE OF KARNATAKA REP BY KONANAKUNTE POLICE STATION BANGALORE.
... PETITIONER 5. DISTRICT LEGAL SERVICES AUTHORITY REP BY ITS CHAIRMAN/MEMBER SECRETARY, BANGALORE.
6. KARNATAKA STATE INTEGRATED CHILD PROTECTION SOCIETY REP BY ITS CHAIRPERSON, PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, M.S.BUILDING, BANGALORE-560 001.
... RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2, VANI VILAS HOSPITAL, BANGALORE TO ADMIT THE PETITIONER AND TAKE NECESSARY MEDICAL STEPS TO TERMINATE THE PREGNANCY; DIRECT R-2, VANI VILAS HOSPITAL, BANGALORE TO PRESERVE THE TERMINATED FOETUS/PRODUCT OF CONCEPTION FOR THE PURPOSE OF DNA TESTING AND ANALYSIS; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Ashok G. V., learned counsel for the petitioner.
Smt. Prathima Honnapura, learned AGA for respondent Nos.1 to 4.
2. Petition is admitted for hearing. With consent of the parties, same is heard finally.
3. In this petition, the petitioner inter alia seeks for a writ of mandamus directing the respondent No.2 - Vani Vilas Hospital, Bangalore to admit the petitioner and to take necessary steps to terminate the pregnancy.
4. Facts giving rise to filing of the petition, briefly stated are that the petitioner is a victim of rape and sexual assault. As a result of the aforesaid crime which was committed on the petitioner, the petitioner became pregnant. The petitioner presently is carrying her fetus in her womb which is 21 weeks old. In the aforesaid circumstances, the petitioner inter alia has prayed for the relief of medical termination of her pregnancy as well as for preservation of the fetus for the purpose of DNA test and analysis; and also for a direction to the Investigating Officer to conduct the DNA test at State Forensic Laboratory, Madivala, Bangalore. The petitioner also seeks a direction to respondent No.5, District Legal Services Authority, Bangalore to disburse a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the petitioner under the Karnataka Victim Compensation Scheme.
5. This Court, by order dated 04.02.2019 passed in W.P.No.376/2019 has taken a similar view. For the reasons assigned in the said order, this writ petition is disposed of subject to the following directions:
1. That the concerned Legal Services Authority shall release a sum of Rs.3,00,000/- (Rupees Three Lakhs only) by way of compensation to the petitioner within a period of three weeks from the date of receipt of certified copy of the order passed today;
2. That the concerned Deputy Commissioner shall also release a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) by way of compensation in favour of the petitioner in view of the Government Order dated 15.10.2014, within a period of three weeks from the date of receipt of certified copy of the order passed today;
3. The District Medical Board, in pursuance of the order dated 16.07.2019 has submitted a report that the petitioner is in a fit mental and physical condition to undergo the medical termination of pregnancy. In view of the said report, Vani Vilas Hospital, Bangalore is directed to immediately admit the petitioner and to take steps for termination of pregnancy of the petitioner;
4. That the fetus shall be preserved and the Investigating Officer shall take steps to conduct DNA test in State Forensic Laboratory, Madivala, Bangalore for the purpose of investigation and trial in Crime No.191/2019.
With the aforesaid directions, the petition is disposed of.
Sd/- JUDGE RD