THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13039 of 2025

ORDER:

This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.7 in Crime No.287 of 2025 before the Suryapet Town Police Station, Suryapet District.

2. The brief facts of the case are that on 21.09.2025, Dr. Hariprasad, Medical Officer, UPHC Rajeevnagar, Suryapet, lodged a complaint alleging that four persons were operating an unregistered ultrasound facility and conducting prenatal sex determination in violation of the PCPNDT Act, 1994.

3. Heard Sri Veera Babu Gandu, learned counsel appearing on behalf of the petitioner as well as Sri E. Ganesh, learned Assistant Public Prosecutor appearing on behalf of the respondent - State.

4. Learned counsel for the petitioner submitted that the petitioner was falsely implicated in the case without any role in the alleged offence and his name was included only based on the confession statements of other accused and that the provisions of law invoked did not attract to the petitioner as he was merely a hospital staff member. He further submitted that the police had violated the mandatory procedure under Section 41-A Cr.P.C. and the directions of the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, and that arresting the petitioner would amount to illegal detention. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing this criminal petition.

5. On the other hand, learned Assistant Public Prosecutor opposed the bail petition stating that the allegations leveled against the petitioner are serious in nature. Further, the investigation was not yet completed. At this stage, granting of pre-arrest bail to the petitioner does not arise. Therefore, he prayed the Court to dismiss the criminal petition.

6. In the light of the submissions made by both the learned counsel and upon a perusal of the material available on record, it appears that though the learned counsel for the petitioner contended that Section 89 is not applicable to the petitioner, the allegations leveled against the petitioner are serious in nature. As seen from the record, the petitioner is alleged to have induced pregnant women to undergo sex determination tests and further persuaded persons to approach the hospital for abortions. In view of the seriousness of the allegations, this Court is not inclined to grant pre-arrest bail to the petitioner, and accordingly, the petition is liable to be dismissed.

7. Accordingly, the criminal petition is dismissed.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 15.10.2025 SAI THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13039 of 2025 Date: 15.10.2025 SAI