Dr. Prathima P vs State Of Karnataka & Ors

Shivashankar Amarannavar, J

This petition is filed by accused No.4 under Section 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 Sections 64(2)(m), 89 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 6 of Protection of Children from Sexual Offences Act, 2012.

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

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.

Per contra, learned High Court Government Pleader for respondent No.1 would contend that, this petitioner being a Government Doctor had done medical termination of pregnancy of a minor girl for gratification of Rs.50,000/- even in spite of knowing that the victim girl is a minor. The petitioner had a duty under Section 19 of POCSO Act to intimate the offence to the concerned officers. There is no record in the hospital regarding termination of pregnancy. Even the fetus has been cremated and there is no report in that regard. For contravention of Section 19, offence is Section 21 of Protection of Children from Sexual Offences Act. The punishment provided for offence under Section 21 of the POCSO Act is imprisonment which may extend to six (6) months. With these, he prayed for dismissal of the petition.

Learned counsel for respondent No.2 would contend that, in order to save the life of the victim girl, she has taken the victim girl to the hospital. Now, respondent No.2 has also been arrayed as accused. He further contended that, the offence alleged under Section 89 of BNS Act is provided with imprisonment for life or imprisonment for a period of ten (10) years. Learned counsel for respondent No.2 further submitted that, at the instance of accused No.2, he has taken the child for termination of pregnancy. With these, he prayed for dismissal of the petition.

Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.

The petitioner is a Government Doctor working in Government Hospital Anandapura in Sagar Taluk. The averments of the complaint indicate that, the mother was consented for medical termination of pregnancy of the victim girl. The petitioner has done termination of pregnancy of the victim girl in Sai Brindavan Hospital. It is submitted by the learned Senior Counsel for the petitioner that the Medical Termination of Pregnancy Act, 1971 provides in a sub-section 4(a) of Section 3 that the pregnancy of a girl aged below eighteen (18) years can be terminated with the consent of her guardian in writing. Respondent No.2 being a mother has given consent for termination of pregnancy. Therefore, the act of the petitioner does not amount to any offence. The petitioner is a lady and she is a Government Doctor and her presence can be secured easily for investigation and trial. The services of the petitioner are essential services required in the Government hospital. There are no criminal antecedents of the petitioner.

Considering all the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following;

ORDER

The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.248/2025 of Sagar Town Police Station and is ordered to be released on bail in the event her arrest, subject to following conditions:

i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer.

ii) The petitioner shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond and furnish surety.

iii) The petitioner shall cooperate with the Investigating Officer in investigation.

iv) The petitioner shall appear before the Investigating Officer whenever called for.

v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade her from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.