The High Court · 2025

2. Sri C Venkataiah, S/o. Not Known, aged - Not Known, Occ - Sl at Chaitanya puri, R/o. Chaitanyapuri PS Rachakonda .....RESPONDENTS'COMPLAINANT Petition under Section 480 & 483 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. 21, on bail in connection with above crime No. 180 of 2025 on the file of Chaitanya Puri Police Station, Rachakonda Commissionarate This Petition coming on for hearing, upon perusing the Memorandum ot Grounds of Criminal Petition and upon hearing the argu{hents of Sri BASKULA ATHIK ,Advocate for the Petitioner and the SRI SYED YASAR MAMOON Additional Public Prosecutor on behalf of the Respondent No.1 and of None Appeared for the Respondent No. 2 The Court made the following: ORDER The on'ble Sri lustice I.Sreenivas Rao Crimi nal Petitio n No.5513 o f2025 Order, This Giminal Petition is filed under Sections 4gO and 4g3 of Bharatiya Nagarik Suralsha Sanhitha, 2024 (for shor 'BNSS) seeking bail to the petitioner/accused No.21 in Crime No.180 of 2025 on the file of the Chaitanyapun police Station, Rachakonda Commissionarate registered for the offences punishable under Sections 1aJ(5) read wirh 3(5) of Bharatiya Nyaya Sanhita Sections 80, 81 and 8/ of Juvemle Justice (Care and Protection of Children) Act, 2015 and Section gg of Juvenile Justice (Care and Protection of Children) Acr, 2000.

2. The case of the prosecution is rhat in continuation of previous Remand Case Dairy, dated 05.01.2025, wliile the invest-igation is under progress, on 12.C1.2025 L\y/gg has received order uide Dis.No.50Ol2025 and Crl.lvl.p.No.l93 of 2025, dated 12.03.2025 on rhe file of the Hon,ble IV Additional Metropolitan Magis trate- c um- IV Additional Junor GvilJudge, Ranga ReddyDistricr at L.B.Nagar. Accused Nos.1 2 and 4 were under police custody for two dap i.e., from ( \.'

13.03.2025 at 10:30 AM to 1.5.03.2025 at 10:30 AM for the pu{pose of ftuther investigation. On 13.03.2025, as per the oriCer of the Hon'ble C-ourt, L\)fl-88 has deputed VPCs of Chaitanyapuri IS, Rechakonda *ith instnrctions to escort accGed Nos. I k 4 uide Lr.No.SP\7/rtYD/ 642/2025, Dated 1353.2025 from Special Prison for 'Women Chenchalguda. Accordingly, the 'JflPC's brought accused Nos. I and 4 from jail and.produced them before LW88. L\f88 has proceeded with the further investigation in this case and inquired accused Nos. I &'4 to know whether an)' other Pemons are behind the offence about their involvement and reasors behind it in the afleged offence. Then, accused No. I has voluntariiyconfessed thau: additionally to her previots confession thar she has illegally sold three baby chrldren through accused Nos. 18, 51, A52: and others for the purpose of her pecuniary benefis. Immediately, L\X/88 has secured the presence of two mediators L\ffs-14 &. 17 and recorded detailed confession statement of accused No. I in their presence in which she stated that in the 3 month of November, 2024, accused No.1 got acquaintance with accused No.51, who is resident of Mumbai, and they frequently used to talk over phone with each orher. In the .same month accused No. I got acquaintance with accused No.18 through one matrimonial website and said to accued No.1 that she also procures, sells baby children's and accused No.18 asLed her for baby boy in the month of November, 2a24, known persons of accused No.51 said to her that they want to sell baby boy and accused No.51 informed rhe same ro accused No.[, then she informed the same to kaJyan2lT: deputed \X/PC's has brought accused Nos.2 and I from jarl and produced them before L\f-8S. L\f-88 proceeded with funher investigation in this case and inquired accused Nos.2 ;rnd j to know whether any other persons are behind the offence about their involvement and r€asons behind it in the alleged offence. Then, accused No.2 has voluntarily confessed, additionaliy to her previous confession that she has rllegally sold 12 baby children through accused Nos.18,51 to 58 and othen for the purpose of-.her pecuniary benefits. Immediatelv.. LYigg has 4 secured the presence of rwo mediators L\V's-15 & 16 and C recorded the detailed confession statement of accused No.2 in their presence in which she stated that about two yean back she got acquaintance with accused No.18, who also used to sell the baby gir{s to chiltless couples illegally, without ProPer procedure. Since then, they used to talk over phone. Accused No.!8 asled acqsed No.2 for baby boy rc accused No.22 . ,'"i: uP9.}':which the accused No.2 informed the same to accused No.i. tryo" which accused No.7 brought the baby boy to the house of accused No.18, the persons, who came along with accused No.22, purchased baby boy from accused No.22 for Rs. 5,OO,OOO/- from that amount accused Nos.2 & 18 taken Rs. 10,000/- each as their commssion and the remaining amount of Rs 4,80,000/- were taken by accued No.7 and s/ent away.

3. Fleard Mr. Baskula Athik leamed counsel for the petitioner/accused No.21 and Mr. S1,ed Yasar Mamoon, leamed Additional Public Proseculor appearing for the re5pondent-State. 5

4. Leamed counsel for the petitioner submitted that petitioner was falselyimplicated in the present crime, basing on the confcssion srarement given by acctued No.2 only, which is not permissible under law. In supporr of his contenrion, he relied upon the principle laid down bythe Hon'ble Apex Coun n Vija.v Singh v. State of Hatyanal . He futher submiitcd that the petitioner is an emplope working in Gandhi Medical C-ollege. The petitioner is blessed with rwo children in the year 2al7 and 2a20 and quesrion of purchasing the baby as ali.eed in the complaint does nor arise. The petitioner is nor havmg any criminal anrecedenm. FIe was arrested on 19.03.2025 and the peritioner is ready and willing ro cooperatc riirh rhc investigation and also abide by the condirions as may be imposed by rhis Court and prapd for grant of bail.

5. l)er contra,leamed Additional Public prosecuror submifted that the peritioner has committed grave offence and there are specific alleqations agairut the Petltroner to attract the t 2O2l SCC online SC t-235 6 ingredients of Section 1a3(5) of the BNS' Ffu further submined that the investigation is under progress and at this stage' the petitioner is not entitled for grant of bail' (i

6. i:'Flrrring consi&red the rival submissions made by the learned coursel for the parties and on perusal of the material avarlable on recod, it reveals that the specific allegation against the petitioner is that the petitioner' accused Nos'2' 18 and 50 went to Viiayawada and paid an arlount of Rs'5'OogOo/- to accused No-59 through the petitioner' Even according to the leamed Public Prosecutor the investigadon is under progress' The principle relied upon by the leamed counsel for the petitioner is not applicable to the facts and circumstances of the case on the ground that there are specif ic alleqations against the petitionerto attract the ingredients under Section 1+l(5) of BNS. Taking into corsideration of the facts and circumstances of the case, graviry of the offence and also urvestiqation is under progress, this Court is not nclined to grant bail to the petrtloner. 7 7 Accordingly, the Giminal petition is dismissed. Mtcelianeous applications, pending rt *r, shall stand closed. SD/- AHMED ABDULLAH KHAN ASSISTANTREGISTRAR /fTRUE COPY// k. sEcTtoN oFF|CER L.B. Nagar Ranga Redcjv Diskict - Nagar Ranga Reddy District To, 1. The lv Additional Metrooolitan Magistrate,cum lv Additional Junior civil Judge 2. The station House offic6r, chaithanyapuri porice Station chaithanyapuri L.B. 3. One CC to SRI BASKULA ATHIK Advocate IOPUC] 4. Two CCs to Public prosecutor, High Court fo'rthe Siate ot tetangana at 5. Two CD Copies Hyderabad [OUT] 6- PSL i I I l i I I I i I t t HIGH COURT DATED:281O412025 ORDER CRLP.No.5513 of 2025 + * 10 ffP 10n r. ( D.- ..l' Cri EC *_ DISMISSING THE CRIMINAL PETITION ,rf o