The High Court · 2025

ana, Through S. H. O Suryapet ll Town Police station, rosecutor, High Court, Hyderabad, ... RESPONDENT/COMPLAINANT Petition under Section 482 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the petitioner herein on bail in the event of his arrest in connection with Cr. No. 197 of 2025 on the file of Suryapet ll Town police Station, Suryapet District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petitron and upon hearing the arguments of Sri BHARADWAJ REDDY MOTHE, Advocate for the petrtioner and Sri. D. ARUN KUMAR, the learned Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER ( THE HONOURABLE SMT. JUSTICE K. SII IANA CRIMINAL PETITION No.l27O2 of 2Oi s ORDER: This Criminal Petition is filed under Scctir r 4U2 of the Bharatiya Nagarik Suraksha Sanl-rita, 2023 (for:l ort,'BNSS') seeking anticil>atory bail to thc petitioncr/ar:r:r r c'r'l No.4 in Crime No. 197 of 2025 ol Suryapet [[ Tou n l) , r:c SLation, Suryapet Distnct, registered for tltc ofcnccs pultLi t.r blt: u ndcr Sections 105 and 9O of the Bharatiya NyeLl,a S;r I rithzL, 2023 (for short'BNS'), Sections 5(2) anct 5(3) ol Medir:rl i:rnrin:rtion of Pregnancy Act, 1971 ([or shorr 'M1'p Act') : rrd Scction 23(1X3) of Prcconception and Prenatal Diagnosrir.; 'I't:chniques (Prohibition o[ Sex Determinatiorr) Act, 2003 (Ior Ir<;rt'PND'f Act).

2. Heard Sri Bharadwaj Redcly Mothc, learnr:rl courrsel for the petitioner and Sri D. Arun Kumar, learnc I AdcU tiona l Pubiic Prosecutor appearing for the respondent - :; :l tc.

3. The case of the prosecution is that on il, i about 18:30 h.ours, the complainant, who is r Medical and Health Officer, Suryapct Disl r r )5.2025 at 'rc [) istric t 1, iiled .r 2 sKs,J CrL.P.No.L27O2 of 2O2S complaint stating that he received a report from the incharge Deputy District Medical and Health Ofhcer to the effect [hat a criminal abortion was perlormecl in an unnamed and unregistered facility located near Rama Lingeswar Thealre in Suryapet and a five month-pregnant woman viz. Ms. Bayya Anusha passed away due to the complications arising out of such illegal abortion procedure. Basing on the said complaint, the aforcsaid crime was registered against the pehttoner and other accused for the aforesaid oflences

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence and he was lalsely implicated in the aforesaid crime solely on the basis of the confession statement made by accused No.5. He further submits that there is no allegation against the petitioner either in the complaint or in the remand case diary and hence, the ingredients of Sections lO5 and 9O of tsNS are not attracted against the petitioner. He further submits that the petitioner is eking out his liveiihoocl by working as RMp Doctor and he has no criminal antecedents and he is ready and willing to cooperate with the investigation and abide by -rr.i. ,i+ =!n+:+?1 l ) 3 SI{S,J Ctl P r{o.12702 of 2025 the conditions as may be imposed by this Courr I nd prays for granl ol ant icipatory bail.

5. Per contra, learned Additional public prose ,: that thc petitioner has committed grave offencc I abortion to the deceased without having any ,, rtor submits 'performing Llid medical qualif lcation and as a result of such illegal and r rgligent act, the deceased died on 18.05.2025. He further sul,r rits that thc petitioner and accused Nos.1 to 3 are absconding rnd atccused No.5 approached this Court by filing Crl.p.No.73l grant of regular bail but the same was ci 25.06.2025 and the investigation is in progress petitioner is granted bail at this stage, he will ir tlie investigation and influence the witnesses. of 1925 1o. missed on and if the -erfere with Hence, he prays to dismiss this Criminal petition.

6. [n the Lght of the submissions made ,r learned counsel and a perusal of the material : record, it appears that the complainant, thc Dis r and Health Ofhr:er, has lodged a complaint allegin3 month pregnant woman died due to complicar i, from an iliegal abortion procedure said to performed at an unregistered private hospitai ir ' both the vailable on ict Medical that a five- ns arising rave been Suryapet, I t 4 sKs,J Crl.P.No.l27O2 of 2O2S and further investigation has revealed that the petitioner, an RMP doctor, along with other accused persons, allegedly conducted the abortion leading to the death of the victim on

18.05.2025. Since the investigation is stil1 in progress and in view of the grave nature of the offences alteged, coupled with the fact that the regular bail application of a co-accused has already been dismissed by this Court, this Court does not irnd any ground in the criminal petition to grant the relief of anticipatory bail to the petitioner and t[-re same is liable to be dismissed.

7. Accordrngly, this Criminal Petition is dismissed Miscellaneous applications, if any pending, shall stand closed. To, SD/. AHMED ABDULLA KHAN A SISTANT REGISTRAR //TRUE COPY// ECTION OFFICER

1. The Principal Judicial First Class Magistrate at Suryapet' 2. The Station House Officer, Suryapet ll Town Police Station' Suryapet 3. One CC to SRl. BHARADWAJ REDDY NIOTHE Advocate IOPUC] 4. Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana [OUT].

5. Two CD CoPies ARM/ABK 19- HIGH COURT DATED: 2511012025 I l ORDER CRLP.No.12702 of 2025 l ,t.N* ^\\\ ,- i\ t 4 l.i[ Ifl5 :] i ..:l ,. t('.i,,. "\,,,. DISMISSING THE CRLP