The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.6880 of 2025

Order

:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.1 in Crime No.192 of 2025 of Mahabubabad Town Police Station, Mahabubabad District, registered for the offences punishable under Section 88 of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’), Section 5 r/w Section 7 of Medical Termination of Pregnancy Act, 1971 (for short ‘MTP Act’) and Sections 23 and 24 of Preconception and Prenatal Diagnostics Techniques (Prohibition of Sex Determination) Act, 2003 (for short ‘PNDT Act’).

2. Heard Mr. Kiran Kumar Boddu, learned counsel for the petitioner/accused No.1 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State. 3. The case of the prosecution is that on 22.05.2025 at about 19:00 hours, the complainant filed a complaint stating that he received phone call from child help line bearing No.8331007001 to the effect that an illegal abortion was being conducted at Kranthi Memorial Hospital, Mahabubabad, and immediately he sent his staff and shifted the patient to Government General Hospital, Mahabubabad, for further medical treatment and while undergoing treatment on 21.05.2025 at around 09.45 hours, the patient got abortion and on further enquiry, the complainant came to know that the patient along with her husband went to USG scan centre, Neckonda, for determination of sex of the fetus with the help of the petitioner, who was a local unqualified first aid provider and the petitioner informed them that the patient was carrying baby girl and hence, the patient along with her husband went to Kanthi Hospital for abortion. Basing on the said complaint, the aforesaid crime was registered against the petitioner and other accused for the aforesaid offences.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence and he was falsely implicated in the aforesaid crime. He further submits that even according to the complaint, the medical examination was conducted in Kanthi Memorial Hospital and treatment was given there and the petitioner never conducted any pregnancy test nor given any treatment to the patient. He further submits that the petitioner is eking out his livelihood by doing agriculture and he has no criminal antecedents and anticipatory bail be granted to him as he is ready and willing to cooperate with the investigation and abide by the conditions as may be imposed by this Court.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner/accused No.1 has committed grave offence and gave first aid to the patient though he is not qualified as such. He further submits that the investigation is at the threshold and if the petitioner is granted bail at this stage, he will interfere with the investigation and influence the witnesses. Hence, he prays to dismiss this criminal petition.

6. Having considered the rival submissions made by learned counsel for the parties and on perusal of the material available on record, it reveals that specific allegations are levelled against the petitioner so as to attract the ingredients of Section 5 r/w Section 7 of MTP Act and Sections 23 and 24 of PNDT Act. Even according to the learned Additional Public Prosecutor, the investigation is at the threshold.

7. In view of the gravity of offence alleged against the petitioner/accused No.1 and as serious allegations are levelled against him, this Court is not inclined to grant bail to him.

8. Accordingly, the Criminal Petition is dismissed.

As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 20.06.2025

LUR