THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.12555 of 2025

ORDER:

Seeking the Court to enlarge the petitioner, who is arrayed as accused No.15 in Crime No.94 of 2025 of Central Crime Police Station, Hyderabad, on bail, the present Criminal Petition is filed.

2. The brief facts of the case are that the case was registered on the basis of a complaint lodged by the de facto complainant, alleging cheating, fraud, and criminal conspiracy by Dr. Pachipali Namratha and her associates at Universal Srushti Fertility Centre in Secunderabad and Visakhapatnam. The complainant alleged that after paying approximately Rs.30 lakhs for a surrogacy procedure, she was handed over a baby who was later found, through a DNA test, not to be biologically related to her or her husband. Based on the complaint, Gopalapuram Police registered Crime No.147 of 2025 under various provisions of the Bharatiya Nyaya Sanhita (BNS), the Surrogacy (Regulation) Act, 2021, and the Juvenile Justice Act. During investigation, several accused persons were arrested, and the case was later transferred to the CCS, DD, Hyderabad, where it was re-registered as Crime No.94 of 2025. The petitioner was arrayed as accused No.15, allegedly connected with the illegal surrogacy racket.

3. Heard Sri K. Devanath, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondent – State.

4. Learned counsel for the petitioner submitted that the petitioner had been falsely implicated in the case despite having no role in the alleged illegal surrogacy activities and that the petitioner was merely a driver at the hospital and was not involved in any medical or financial dealings with the complainant or other accused. The petitioner was allegedly arrested based on the confession of a co-accused and kept in illegal custody from 27^th July to 4^th August 2025 before being remanded. He further submitted that the petitioner is a law- abiding citizen with a permanent residence in Hyderabad, and the entire investigation has been completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that there are serious allegations against the petitioner and there is a previous cases pending against the petitioner. He further submitted that the investigation was not yet completed. At this stage, granting of 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 on a perusal of the material available on record, it appears that the petitioner is arrayed as accused No.15 in Crime No.94 of 2025, which was re-registered from Crime No.147 of 2025 of Gopalapuram Police Station, relating to fraudulent surrogacy activities. It is the specific contention of the learned counsel for the petitioner that the petitioner is the driver and he is no way connected with the alleged offence. As seen from the record that the petitioner has previous criminal history and was earlier involved in similar offences, which reflects his habitual tendency towards such illegal activities. The allegations in the present case are grave and serious in nature. Considering the gravity of the offence as well as the previous criminal conduct of the petitioner, this Court is not inclined to grant the relief sought and the same is liable to be dismissed.

7. Accordingly, this criminal petition is dismissed.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 08.10.2025 SAI THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12555 of 2025 Date: 08.10.2025 SAI