The court established that serious allegations in cases of illegal abortions warrant denial of anticipatory bail due to the potential for evasion and the ongoing investigation.

Order

:

This Criminal Petition is filed by the petitioner/

accused No. 4, seeking anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), in connection with Crime No. 197 of 2025 on the file of Suryapet II Town Police Station, Suryapet District, registered for the offences punishable under Sections 105, 90 of BNS and Section 5 (2), 5(3) of the Medical Termination of Pregnancy Act and Sections 23(1)(3) of Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994.

2. The case of the prosecution is that the District Medical & Health Officer, Suryapet District, lodged a report before the Police stating that they received report of criminal abortion performed in unnamed and unregistered facility located near Ramalingeswara theatre, Suryapet District, and that information has come to light based on a preliminary report submitted by the in-charge Deputy DM&HO. A pregnant women passed away due to complications arising from illegal abortion procedure carried out at an unregistered private hospital in Suryapet. The deceased was with two prior lower segment cesarean sections. In March 2025, she experienced vaginal bleeding for 7 days and consulted a specialsit at Padmavathi Hospital, Khammam, where her pregnancy was confirmed via ultrasound, and medications were prescribed. She experienced similar symptoms in April 2025 and sought medical attention at Sravanthi Hospital, Suryapet, where she was advised bed rest. The husband of victim admitted that they sought illegal sex determination and wereassisted by a relative Mr.Uppula Sandeep alias Chanti. An ultrasound was allegedly performed on 17.05.2025 in Nakrekal, which revealed the fetus to be female. Subsequently, an arrangement was made with Mr.Uppula Sandeep and an RMP from Tekumatla to conduct an abortion for a payment of Rs.38,000/- at a private, unregistered hospital in Suryapet, operated by an unknown doctor. The patient was admitted to the hospital at around 7:00 PM. During the abortion process, she experienced heavy bleeding at around 9:00 PM and was shifted to a private hospital in Khammam, where she was declared dead. The statements were obtained from the family members and the family stated that victim has two daughters aged about 7 and 5. She and her husband left home on 17.05.2025 for a routine check-up. They claimed no knowledge of her pregnancy and they have also came to know that the identity of the doctor involved remains unknown and the owner of the building has stated that he made rental agreement with Mr.Maddela Narsimha, for a period of four years. The person who has conducted medical termination of pregnancy are unqualified and they know that illegal abortion may cause the death of the patient, whereas they have conducted without any skillful knowledge. As such requested the Police for the necessary action against Uppula Sandeep, Bayya Nagesh and unqualified doctor or person who has conducted MTP and other persons involved in this illegal abortion. Basing on the same, the Police registered a case and issued FIR, vide Crime No.197 of 2025, the petitioners are arrayed as accused Nos.4 and 5. According to the remand report of the investigating officer, the role of accused Nos.4 and 5 are that accused No.4 is the resident of Khammam, he conducted abortion to the deceased along with accused Nos.5, 7 and JCL and accused No.5 is private medical practitioner, he is resident of aravpally village and mandal and also stated that on the date of incident accused Nos.4 and 5 went to that hospital and all together were performed abortion of deceased. Later, they came out and informed she is suffering with heavy bleeding and they should immediately take her to