The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.7872 of 2025

Order

:

This Criminal Petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) seeking anticipatory bail to the petitioner/accused No.4 in Crime No.197 of 2025 of Suryapet II Town Police Station, Suryapet District, registered for the offences punishable under Sections 105 and 90 of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’), Sections 5(2) and 5(3) of Medical Termination of Pregnancy Act, 1971 (for short ‘MTP Act’) and Section 23(1)(3) of Preconception and Prenatal Diagnostics Techniques (Prohibition of Sex Determination) Act, 2003 (for short ‘PNDT Act’).

2. Heard Mr. Alluri Divakar Reddy, learned counsel for the petitioner/accused No.4 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent/State. 3. The case of the prosecution is that on 23.05.2025 at about 18:30 hours, the complainant, who is the District Medical and Health Officer, Suryapet District, filed a complaint stating that he received a report from the incharge Deputy District Medical and Health Officer to the effect that a criminal abortion was performed in an unnamed and unregistered facility located near Rama Lingeswar Theatre in Suryapet and a five-month- pregnant woman viz. Ms. Bayya Anusha passed away due to the complications arising out of such illegal abortion procedure. 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 solely on the basis of the confession statement made by accused No.5. He further submits that there is no allegation against the petitioner either in the complaint or in the remand case diary and hence, the ingredients of Sections 105 and 90 of BNS are not attracted against the petitioner. He further submits that the petitioner is eking out his livelihood by working as RMP Doctor and he has no criminal antecedents and he is ready and willing to cooperate with the investigation and abide by the conditions as may be imposed by this Court and prays for grant of anticipatory bail.

5. Per contra, learned Additional Public Prosecutor submits that the petitioner/accused No.4 has committed grave offence by performing abortion to the deceased without having any valid medical qualification and as a result of such illegal and negligent act, the deceased died on 18.05.2025. He further submits that the petitioner and accused Nos.1 to 3 are absconding and accused No.5 approached this Court by filing Crl.P.No.7371 of 2025 for grant of regular bail but the same was dismissed on 25.06.2025 and the investigation is in progress 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 respective parties and on perusal of the material available on record, it reveals that the complainant, who is the District Medical and Health Officer, lodged a complaint on 23.05.2025, wherein it has been specifically stated as under:

“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, and medications were prescribed. She experienced similar symptoms in April 2025 and sought medical attention at Sravanthi Hospital Suryapet, where she was advise