BENGALURU: The Karnataka High Court refused to quash the criminal proceedings initiated against two persons who acted as agents to bring in parents for the purpose of pre-determining sex and a radiologist from Ramanagara on a complaint filed by the District Health and Family Welfare Officer and District Appropriate Authority.
Justice M Nagaprasanna dismissed the petitions filed by Sardamma, Dasegowda of Byrapatna in Channapatna taluk, and Dr Shashi S L, Radiologist, District Hospital, Ramanagara.
Sardamma and Dasegowda challenged the registration of the crime for the offences punishable under Section 4 of the Medical Termination of Pregnancy Act, 1971 and Sections 3(5) and 91 of the BNS, 2023.
Dr Shashi questioned the crime arising out of the private complaint registered for the offence punishable under Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
In August 2025, a woman who is carrying her third child, already having two female children, intends to get herself scanned to know the sex of the fetus. Sardamma and Dasegowda, along with other accused, invited her to a hospital in Ramanagara, where the scanning was done and informed that the sex of the fetus indicates it to be a female. Later, the woman decided to abort the fetus. After getting a tip-off, the complaint was registered against them.
These two petitioners, who are the accused Nos. 4 and 5, contended that they have nothing to do with what happened in the entire episode. Dr Shashi is the accused No.1, who conducted the scan test. The trial court took cognisance of the offences. However, he contended that he has not divulged the sex of the fetus, but only conducted the scan, which is permissible, and the fetus died not in Ramanagara but in Bengaluru.
Additional State Public Prosecutor B N Jagadesha said what the petitioners have done is grave in nature. It is a coterie that is operating in the districts of Ramanagara and Channapatna, and sex determination leading to medical termination of pregnancy is rampant in these areas. The issue needs a trial, and the petitions deserve to be dismissed, he argued.