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.4 on anticipatory bail in the event of his arrest in connection with FIR No. 197 ot 2025, dated 23,05.2025 on the file of SHO Suryapet ll Town Police Station, Suryapet District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ALLURI DIVAKAR REDDY, Advocate for the Petitioner and Sri. Syed Yaar Mamoorn, Additional Public Prosecutor, on behalf of the Sole Respondent. The Court made the following: ORDER The Hon'ble Sri Tustice I.Sreenivas Rao Crim Peti tion No -7872 of 2025 This Giminal Petition is filed under Section 482 of the Bharatiya Nagarik Suralsha Sanhita, 2023 (for shon, ,BNSS) seeking anticipatory bail to the petitioner/acctsed No.4 in Crime No.19Z of 2025 of Suryapet II Town Police Station, Suryapet District, registered for rhe offences punishable under Sections 105 and 90 of the Bhararila Nyaya Sanhitha 2023 (for short 'BNS), Sections 5(2) and 5(3) of Medical Termination of Pregnancy Act,I97l (for shon MTP Acr) and Section 23(t)(3) of Preconception and Prenatal Diagnostics Techniques (Prohibition of Sex Determination) Act, 2OOl (for shon 'pNDT Act).

2. Ffuard I[r. Alluri Divakar Reddy, learned counsel for the petitioner/accused No.4 and N{r. Syed Yasar Mamoon, leamed Additional Public Prosecutor appear-ing for the respondent/State.

3. The case of the prosecurion is that on 23.05.2025 at about 18:30 hours, the complainant, who is the District Medical and Flealth Officer, Suryapet District, filed a cornplaint staring ", that he received a report from the incharye I.r:puty District Medical and Heakh Officer to the effect that a crirrrinal abonion was performed in an umamed and unregistered faciliry located near Rama Lingeswar Theatre in Suryapet and ,r five-month- pregnant woman wq. Ivls. Bayra Anusha passed a'.''ry due to the complicatioru arising out of such illegal abortion procedure. Basing on the s,rid complaint, the aforesaid crime rvas registered against the petitioner and other accused for the aforesaid offences.

4. karned counse1for the petitioner sub dts that the petitioner has not commimed any offence and h,: was falsely implicated in the aforesaid crime solely on th: basis of the confession statement made by accused No.5. FIe iurther submis that there is no allegation agairut the petitioner either in the complaint or in the remand case diary and hence, lhe ingrediens of Sections 105 and 90 of BNS are not attrac'.rrl agairst the peritioner. He further submirs that the petitioner is eking out his livelihood by working as RMP Doctor and he }t:r; no criminal antecedents and he is ready and willing to coop(:rate with the 3 inr-csdgation and abide by the conditions as may be imposed by this Court and prays for grant of anncipatory bail.

5. Per contra, Iearned Additional Publc Prosecutot submits that the pcutioner/accuscd No.4 has comrnittcd grave o ffcnce b1' pcrir-,rrning abortion to the deceased urithout having anv valicl rncdical clualification and as a result oI such illcgal a r-rd ncgligcnt rct. tllc deccased died on 1,8.05.2025. Ile furthcr submits rl.rat the pcurior-rcr and accused Nos.1 to 3 ar:e absconding ancl :rccuscd No.5 approached this Court b1, hling (-rl.l).No.7371 o i 2025 frrr grant of regular bail but the samc r"'as dismisscci ( )ll 25.0(t.2025 and thc investigation is in progrcss and if t hc pe titioncr is gr:anted bail at this stage, he will intcrlerc t-ith t hc inr.cstigation and influence the witnesses. Hcncc, hc pra,vs t() tlisuriss this Crimrnal Petition

6. I.iavir-rg considered the rival submissior.rs maclc b1' lcarucd counscl [or the respecdve parries and on perusal of the rnatcrial rrtarlablc on rccord, it reveals that thc complainant, rvho is tl-rc l)isrrrct Mcdical and Health Officer, lodccd ? complaint on 23.05.2025, u,herein it has been spccihcalh' s tatc(l as under: 4 " \ Fivc-month 1xegnant wolnan, tr{s }ayr.e r\nusha. \\"/o.tr Ir.llavva Nagesh, a resid .r ,rf Raghavapuran'r villagc, \,Iothev \4anda \r,1s tragicalh- passed nvav duc to cornplicatlons _rstrrg lrorn an illegal alrortion ptoccdure carricd or xt ao unrcEistt:red prir.atc hospital in Suryapct. 'l'lrr. clcccasccl rvas G3p2L2-.\0, rvrth nr., Irior Iou,er scrlncnL ccsarcan scctlolls 0,SCS). In \ ;rrclr 202-5. slr r: crp-crit nccrl r,agiiraI blcccling for tlar s ancl c,rrr:,uhccl a spccillist at padrnar.athi II, .; rrtal, I.'hamrrr:rrn, u.hcrc lrcr prcgnarlc\: rvas con rrl.rctl via ulrrlsourrcl. lnrl nrc,lications u,crc pres rl>ccl. Shc <:xpt.rrcnccd sinrilar slmptolns in Apri 11025 antl s<,trrllrr ructlical atrcntion at Sravanthi H rl)rtal Sur_r'ayrcr. u. hcrc slrt. s,as aclr.iscd bccl rest. 'l'lrc husbatrtl, \[r. lJavr.a Na.gcsh, aclnittc ] tl,rar thev sorrgh r illegal scx cletcnnination aflcl \ecrc assistctl lrr a relauvc. \Ir.Uppula Sandeep rrlias Chanti. ll /o.San,ar.ar-n Village. ,,\n ultrasoun, \\,as allcgccllr pcrfirnnccl on 17.05.2025 in Nal . kal. rvhich rcr',:aled rhc k'tus to bc [emalc. Subseqr rrtli,, an arrar)rl( lrlcllt \\,as rnadc with i\Ir.Uppula Sar ,lce1r and al) ll,\fl) Il.6rn '['ckulratla t<; condur ar1 abortiorr t,:)r' a l)a\'lticnr ol'I{s.3g,000/_ ar a p1 \.rre. unlcgisrcr...tJ hospiral in Surl,apct, opcrated lr, xn unknou rr rloctor. 'fhc P;rtrenr \as arLnittecl to thc hospttal ft ;irlc I{atnaLnges,,lra r)car Babv ) lo, rn ilistr Sch()ol, 5 Theatre, SurPPe$ at around 7ffi PM 17.05.2025. Dunng the abortion Process' experienced heavy bleeding at around 9:00 PM and was shifted to a private hospital in Khammam at approximatety 11:30 PlvI, where she was declared dead at 1O0 AM on 18'05'2025' The body was handed over to the family for final rites'"

7. The record further discloses that during the course of investigation, the investigation officer carne to know that the petitioner, who is an RMP Doctoq along with other accused conducted abortion to the deceased and the deceased died on 18.05.2025. L,ven according to the leamed Additional Public Prosecutor, the investrgation is under Progress ' The record further reveals that this C-oun dismissed the rcgutar bail application filed by accused No'5 in Gl'P'No'7371 of 2025 ude order dated 25.06 -2025' aforesaid facs and

8. Taking into corsideration the circurnsrances of the case and the gra.iittY of the offence' this C,oun is o[ the comidered view that it is not a fit case rc grant anticipatory bail to the petitioner/acctsed No'+' \ 6 a' 9 Accordingly, the Criminal petitio, dismissed As a sequel, miscellaneous petitions, pe.,:iing if any, stand closed. To, //TRUE COPY// T.SI SD/- L.VIJAYA LAXMI TTANT REGISTRAR I l\ --/- $EcnoN oFFICER

1. The princpal Judicial First Class Magistrate Court Jlr;uryapet. 2. The Station House Officer, Suryapet ll Town p.S., Sr. rvapet District. 3. One CC to SRI. ALLURT DTVAKAR REDDy A_dvocate .{)pUCl o ,'#;;at to PUBLIC PROSECUTOR High Court for l.e State of Tetangana

5. Two CD Copies MKN/pst Yr 1161 HIGH COURT DATED:14 t07 t2OZs 15 r,l 20ffi j ORDER CRLP.No.t8t2 ot ZO2S \, CRIMINAL PETITION IS DISMISSED €co yrf.[ ffi1"