DR. PRATHIMA P. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.4 under Sec. 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.248/2025 of Sagar Town Police Station, registered for offences punishable under Ss. 64(2)(m), 89 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sec. 6 of Protection of Children from Sexual Offences Act, 2012.

(2.) Heard learned Senior Counsel for petitioner and learned High Court Government Pleader for respondent No.1 - State and learned counsel for respondent No.2.

(3.) Learned Senior Counsel for petitioner would contend that, the averments of the complaint indicate that, the parents have taken the victim girl to the hospital for termination of pregnancy. The provisions of Medical Termination of Pregnancy Act, 1971 provides for termination of pregnancy of a girl aged below eighteen (18) years with the consent of the guardian. The averments of the complaint itself indicate that, the mother has given consent for termination of pregnancy. The doctor who has conducted the scanning i.e., accused No.6 has been granted bail. Even the mother of the victim girl who subsequently arrayed as accused No.8 has been granted bail. The Government Doctor has right to have private practice. The petitioner is ready to cooperate with the Investigating Officer in further investigation, if any. The petitioner is a Government Doctor and her services are essential in the hospital. With these, he prayed to allow the petition.