The High Court · 2025

Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/Accused No.3 on Bail in the event of this arrest in Crime No.158/2025, dated 2710312025 on the file of Pocharam Police Station, Rachakonda Commissionerate at Hyderabad for the offences under U/s. 64(2Xf), 64(2)(m), 65(1), 88, 91, 115(1), 351(2), 49 BNS RAI/ 5 RA/ 6 RAlv 16 RA// 17, 19 of POCSO Act, Sec 7 of Juvenile Justice Act. l.A. NO: 1OF 2025 BETWEEN: Smt.Gouni Vijaya Laxmi, WO Rajeshawar, Aged about.S5 Yrs,Occ.CDPO,Thorrur, Mahabubad Distirct. ... Petitioner/Proposed Respondent No.2 .--re-@--T AND 1 Amma lvlultispeciality Hospital, Rep.by Proprietor, 9ri Dr Gadjlam. Raju Sio.C.e.*ardi.h, Agie.46 years, Oic.Doctor (tV D. Anethasia), R/oAmma Multispeciality Hospital, Thbrrur, Mahabubabad District. ... ResPondenUPetitioner

2. The State of Telangana, Rep.by its SHO P.S. Pocharam, Rachakonda Police Commissionlrate, thiough Public Prosecutor, High Court for the State of Telangana, at HYderabad. ... RespondenURespondent . Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to permit the petitioner /accused no.3 to implead as the respondent no.2 in crlp.no. 498412025 in crime no. 15B/25 CRIMINAL PETI TION NO: 5399 OF 2025 Between Amma Multispeciality Hospital, Rep.by Dr.B.RaTya Rani WO Sri Dr'Gaddam njtu nge.+s'years, bcc. Dr.Gyneocolbgy , R/o.Amma Multispeciality Hospital' Thorrur. Itilahabubabad District. ... Petitioner/Accused No.4 AND '1 . The State of Telangana,, Rep.by its SHO P.S. Pocharam, Rachakonda Police Commissionerate, ihrough Public Prosecutor, High Court for the State of Telangana, at Hyderabad. ..... Respondent No.1

2. Smt.Gouni Vijaya Laxmi, WO Raieshawar, Aged about 55 Yrs,Occ.CDPO,Thorrur, Mahabubad Distirct, ... ResPondent No.2/ComPlainant Petition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant anticipatory Bail and enlarge the Petitioner/Accused on Bail in the event of her arrest in Crime No l5S/2025' d127'O32O2S on the file of Pocharam Police Station, Rachakonda Commissionerate at Hyderabad for the offences under U/s 64(2Xf),64(2)(m)' 65(1)' 88' 91' 115(1)' 351(2)' 49 BNS R^^/ 5 RAIV 6 RIVV'16 RA/V 17, 19 of POCSO Act' Sec 7 of Juvenile Justice Act' These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S CHALAPATHI RAO, Advocate for the Petltioner and Mr' Syed Yasar Mamoon' the for the State of Telangana on behalf of the Additional Public Prosecutor Respondent. The Court made the following: COMMON ORDER () I'HI.] TIONOURABI,tr SRI JT]STICE J. SREENIVAS RAO CRIMINAL PETITION Nos. 4984 and 5399 of 2025 EON{MON O RDER: Both tlrc crirninal petitions arc arising out of Crime No. l5g oi. 2025. Ilcncc. both thc criminal pctitions are heard iogether ancl disposed ot bl,this; cotrmon orcler l. -l hr:se ().irrri.ll petiti.rrs arc tilctl trndc' l,lcLto, _lg2 ,ri. ,.l.rc Il harariya r-.rga ri k:r Suraksha Sanh i ta, 2023 ( for. shor.r. . [i,.,,S S. ) sei:k ; rrrl :rnticipatory.. .ail tc r/rc pct ilio'e r..;,accu scd Nos.i ancl ,1 i. (,,r,,i: l"o' 158 <tf 2025 rr1- poc.ira.am poric. Station, Rachakonrr. l.cgisrcrci,l fi,,r ti.e o1'lenct pLrrrishahlc under Sccrions 6a(2)(fl, 6.1{l)(nr). 65(l), gii. iji, ll5(t1,3ilc)e.ci'rg o|IINSa.cr r,ccticlns -( r.rvr 6. i5 rirv rTarrii rg.ri' I'j(X'SO Acr rrrcl Sccr-ior.r 7J o[-.IJ ,\,:t. -l l'hc case o r- ;r'.sc'c utio, in brie i'is trr:Lt orr 2r.03.202i, the cir: rircto contplainant lllrtd a compirrrr.l. stjting lhat a ininor girl was tundclgoing :ut abur.tiotr at lhc pi:tilioucr.s hospital irr thiit L)\,er :,i,. nror,ths ago. iltc vir:iim was takcn liour hcr. erantlmolhcr,s l..or:ig l;1, ircr. nt. thc r_/,,\cousr__r:l No. I , enrol [cJ ur iir Ir ,: i,,r:is in Junc -)!_lrt, L;1, ia1er. i,,.i(.lidr.trvn liom school tc. care {br hct .i.honur / l younger brother, Accused No'2, who had illegal contact with Al and that for about 4 months Al & A2 administered unknoq'n intoxicant in cool drink and given to the victirn girl to consume atld thereafter ,A2 alleged to have committed rape on the victim girl and when shc denied the A2 bet her and also tht'ea[en kitl hcr and tha'' recently the victim has missed her periods and she went to her grandmother's house where she started vomit aud noticed that her grandr-uothcr alleged to bc made calls to the 'A I and thcrealtcr A t alleged to have taken the victim girl to thc Amtna Hospital on 21 .()3.2025, where some meclicine was givetl to the victim girl and subsequently the victim girl alleged io ' have tullgrsd rvith abdominal pain due to which the Hospital :rtaff allcged to havc treated victim in emergency ward and that subsequently the Medical Offlcers team along with the child protection unit' Supelvisor came to the Hospital on the same day and seized the Placenta and F-etus of the victim. Basing on the said complaint, the present crime is registered for the aforesaid offences'

4. Heard Mr.Vinod Kumar Deshpande' learned Senior Counsel representing Mr.S'S.Chalapathi Rao, learned counsel for the petitioners @1*.,/ -) and N'Ir.Syed Yasar Mamoon, learned Additional public prosbcutor for the respondent-State.

5. I.carne d Senior Counsel lor the petitioners submitted that the pctitioners have no1 cornmitted any orfcnce and they were falsery irnplicated in this case. I{e fufther submitted that tl.re entire allegations are leveled against accused Nos.l and 2 only and even according to the allcgations nrade in the comprai.t, the mother .r the victi,'r grr,e, rnedicines t. the victirn and due to that medicines, victirn suffered with stomach pain and when victinr came to hospital to save her lile, peti{.ioners have given treatment to thc victim and they have not violated the co.ditions ol Medical 'I-ermination of pregnancy Act, l9l l ( f or shor[ 'N{'f l, z\cr'). FIe lurlher submitted that basing upon the complaint lodged by the Additional CD'O, Thorrur, police registcred crirne No. 158 of 2025 on 21 .03.2025. He further submitted rhar the District Medical and Healtrr officer, Mahabubabad District (DMI{O) issucd show cause notice on 22.03.2025 and the petitioner has submitted detailed explanation on 24.03.2025 to the said notice and the enquiry is pending and DMHO has not taken any decision or cancelled the license of the hospiral of the accused. He further submitted that the 4 petrtroners are not having any other criminal antecedents and,they arc ready and willing to cooperate with the investigation and wirI abide by the conditions, which are going to be imposed by this Court and hencc, prayed for anticipatory bail.

6. On the other hand, leamed Additional public prosccutor submitted that the petitioners com'ritted grave orfence and the u,iLhout any autho'ization and permission, as per the provisions of the Act, thev have conducted abortion to the victirn, who is rninor.girl and there are specific allegations against the petitioners to attract the ingredients of the aforesaid offences and investigation is.under progress. Therefbre, if the petitioners are granted anticipatory bail, there is every chance t<r influence the witnesses and to interlere with the investigation. Hence, played to dismiss thc pctitiorr.

1. Having considered the rival submissions made by respective parlies and after perusal of the material avaitable on record, it reveals that there are specil-rc allegations against the petitioners that thcy havc conducted abortion to the victim, who is minor girl. The record lufther reveals that petitionerslaccused Nos.3 and 4 demanded amount from accused No.2 for conducting abortion to the victim. .t )

8. Taking into consideration the facts and circumstances bf the case and gravity of the offence, this Court is not inclined to grant anticipatory bail to petitioner/accused No.3 in CLI.P.No.4984 of 2024, on the ground that tl'rere are specil-rc allegations against him that he has given treatlnent to the victim and demanded amount from accused No.2 lbr conducting abortion. Hence, the petition stands dismissed in respect of pctitioncr/accused No.3

9. Insotbr as the petitioner/acc used No.4 is concemed, she is women and no specilic allegations are levellcd against hcr. Even according to the leamed Additional Public Prosecutor, she is not having any other criminal antecedents. Hence, this Courl is inclined to grant anticipatory bail to pctition c r/acc uscd No.,1 in Crl.P.No.5399 o12025, subject to the follorving conditions (i) Petitioncr/accused No.4 is directed to sunender befbre the S.II.O., P.S.Pocharam, Rachakonda, on or before 05,05.2025 and on such surrender, they shall be enlarged on bail on her executing a personal bond lbr a sum of Rs.30,000/- (Rupees thirtl, thousand only), ra,ith two sureties for a Iike sum each to his satisfaction. \ 6 (ii) On such release, petitioner/accused No.4 shall appear before the S.H.O., p.S.pocharam, . Rachakonda, on every Sunday at I l_00 a.rn. for a period of eiglrt (8) weeks or till filing ol the charge sheet, whichevcr is carlier, for the pulpose of investigation. and thcreafler, as and when required. (iii) Afier lelease, if the petitioner/accusecl No.4 is indulges in similar offence. the respondent-State is enritlcd to flle an application sceking cancellation of the bail granted by this Court in his favour. (iv) Petitioncrr'accused No.4 shall abide by thc conditions stipulated under Section 482(2) ol BNSS and shall cooperate with the Investigating Officer in the invcstipation.

10. Accordingly, Crl.P.No.5399 ol' 2025 is allowed and Crl.P.No.4984 of 2025 is dismissed. Miscellaneous applications, pending if any, shall stand closed SD/- MOHD.ISMAIL D PUTY REGISTRAR //TRUE COPYII To, SECTION OFFICER 1 2 J 4 5 The Judicial First Class Magistrate at Thorrur The VAdditional Metropol District, Uppal at LB.Na ga The Station House Officer , Thorrur Police Station, Mahabuba bad The Station House Officer Pocharam Police Station Rachakonda. One CC to Public prosec utor High Court for the State of Telanoana itan Magistrate cum 1"t AJCJ, Malkajgiri-Medchal t. f.' Hyderabad [OUT]

6. One CC to Sri. S Chalapathi Rao Advocate [OPUC] 7. Two CD Copies GzuPSL ,r/ HIGH COURT DATED:3010412025 or{ 1l-tE s 14 re ( i I {r ilE zofi o/ f- I ORDER CRLP.No.4984 and 5399 ot 2025 DISMISSING THE CRLP. No. 4984 OF 2025 And ALLOWING THE CRLP. No. 5399 OF 2025 a { ,/! // ,a ,/s ( ,/<J