THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7371 of 2025

ORDER:

This Criminal Petition is filed under Sections 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No.5 in Crime No.197 of 2025 on the file of the P.S.Suryapet II Town, Suryapet, registered for the offences punishable under Sections 105 and 90 of the Bharatiya Nyaya Sanhitha, 2023 (BNS), Sections 5(2) and 5(3) of the Medical Termination of Pregnancy Act, 1971 (for short ‘MTP Act’) and Section 23(1)(3) of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (for short ‘PCPNDT Act’).

2. The case of the prosecution in brief is that on 23.05.2025, the complainant lodged a complaint stating that the deceased had five month pregnancy, her husband sought illegal sex determination with the assistance of accused No.1 and on 17.5.2025, an ultrasound test was done which revealed a female fetus. He arranged for an abortion through petitioner, an RMP from Tekumatla, for Rs.38,000/- at an unregistered private hospital in Suryapet. The deceased was admitted around 7:00 PM on

17.05.2025 and began experiencing heavy bleeding during the procedure. She was shifted to a private hospital in Khammam at 11:30 PM, where she was declared dead at 1:00 AM on

18.05.2025. Basing on the same, present crime was registered.

3. Heard Mr.D.Srinivas Reddy, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor for the respondent-State.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed the offence. He vehemently contended that the petitioner’s name was not mentioned in the complaint, nor he was originally arrayed as an accused. However, based on the confession statement given by another accused, the petitioner was falsely implicated in the present case and arrayed as accused No.5. He further submitted that the complainant in her complaint, only made allegation that the Doctor conducted abortion remains unknown and there are no specific allegations against the petitioner to attract the ingredients of Sections 5(2) and 5(3) of the MTP Act and Section 23(1)(3) of the PCPNDT Act. He further submitted that the petitioner was arrested on 29.05.2025 and since then he is in judicial custody and he is not having any other criminal antecedents. He further submitted that the petitioner shall abide by the conditions, which are going to be imposed by this Court, and he is ready and willing to cooperate with the investigation. Hence, the petitioner may be enlarged on bail.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner, along with the other accused, committed grave offences by performing an abortion to the deceased without possessing any valid medical qualification. As a result of this illegal and negligent act, the deceased died on 18.05.2025. Accused Nos.1 to 4 were absconding and the investigation is under progress and if the petitioner is granted bail at this stage, he may tamper with the evidence and may threaten the witnesses, and hence, prayed to dismiss the petition.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the complainant, who is none other than the District Medical and Health Officer, Suryapet, lodged a complaint on 23.05.2025, wherein she specifically stated as follows:

“A Five-month pregnant woman, Ms. Bayya Anusha, W/o.Mr.Bayya Nagesh, a resident of Raghavapuram village, Mothey Mandal was tragically passed away due to complications arising from an illegal abortion procedure carried out at an unregistered private hospital in Suryapet.

The deceased was G3P2L2A0, with two prior lower segment cesarean sections (LSCS). In March 2025, she experienced vaginal bleeding for 7 days and consulted a specialist at Padmavathi Hospital, Khammam, where her pregnancy was confirmed via ultrasound,