Allowed

Sr. Cleritta Mary v. State of Karnataka

Karnataka HC30 Jul 2026CRL.P/12537/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed two bail petitions under Section 482 CrPC (Section 528 BNSS) filed by hospital staff. Quashing orders against the petitioners in two separate criminal cases were passed by relying on a previous judgment of this Court, holding that privilege for fee levy does not crystallize on penal provisions, and the complaints were vitiated.

What did the court decide?

Criminal petitions allowed. Proceedings in CC Nos. 3040/2024 and 3041/2024 qua the petitioners quashed. State directed to issue notice and regulate procedure in accordance with law.

Sr. Cleritta Mary Vs State of Karnataka — Service and Employment | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 12537 OF 2024

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C/W

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CRIMINAL PETITION NO. 13007 OF 2024

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IN CRL.P No. 12537/2024

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BETWEEN:

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SR. CLERITTA MARY AGED ABOUT 61 YEARS, VIMALAYA HOSPITAL HEBBADODI, HOSUR MAIN ROAD, ANEKAL TALUK, BENGALURU - 560 099.

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Digitally signed by PADMAVATHI B K

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Location: High Court of Karnataka

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DR GIRISH D S/O DODDABASAPPA G, AGED ABOUT 37 YEARS, RADIOLOGIST, VIMALAYA HOSPITAL, HEBBADODI, HOSUR MAIN ROAD, ANEKAL TALUK, BENGALURU - 560 099

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…PETITIONERS

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(BY SRI. TEJASVI K V.,ADVOCATE)

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AND:

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STATE OF KARNATAKA DISTRICT COMMISSIONER AND DISTRICT APPROPRIATE AUTHORITY (DAA)

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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OFFICE OF DISTRICT HEALTH AND FAMILY WELFARE, 80 FEET ROAD, H COLONY, INDIRANAGAR, BENGALURU, KARNATAKA - 560 038 REPRESENTED BY DR. RAVINDRANATH M METI, DISTRICT HEALTH AND FAMILY WELFARE OFFICER, BENGALURU URBAN BY STATE.

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…RESPONDENT

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(BY SMT. WAHEEDA M.M.,HCGP FOR R1)

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THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.3040/2024 (ARISING OUT OF PCR NO.185/2024) PENDING ON THE FILE OF THE HONBLE IV ADDL. CIVIL JUDGE AT ANEKAL VIDE ANNEXURE A AND ALSO THE ORDER OF COGNIZANCE DATED 19.06.2024 VIDE ANNEXURE B AND ALLOW THIS CRIMINAL PETITION.

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IN CRL.P NO. 13007/2024

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BETWEEN:

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DR VIJAYA RAGHAVA REDDY S/O LATE NARASIMHA REDDY, AGED ABOUT 44 YEARS, MEDICAL DIRECTOR, BEST HOSPITAL, CHANDAPUR, HOSUR MAIN ROAD, ANEKAL TALUK, BENGALURU - 560 099

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DR GIRISH D D/O DODDABASAPPA G, AGED ABOUT 37 YEARS,

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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HC-KAR

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CNR: KAHC010652552024

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RADIOLOGIST, BEST HOSPITAL, CHANDRAPURA, HOSUR MAIN ROAD, ANEKAL TALUK, BENGALURU - 560 099

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...PETITIONERS

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(BY SRI. TEJASVI K V.,ADVOCATE)

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AND:

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DEPUTY COMMISSIONER AND DISTRICT APPROPRIATE AUTHORITY (DAA) OFFICE OF DISTRICT HEALTH AND FAMILY WELFARE, 80 FEET ROAD, H COLONY, INDIRANAGAR, BENGALURU, KARNATAKA - 560 038 REPRESENTED BY DR. RAVINDRANATH M METI, DISTRICT HEALTH AND FAMILY WELFARE OFFICER, BENGALURU URBAN REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 01

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...RESPONDENT

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(BY SMT. WAHEEDA M.M.,HCGP FOR R1)

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THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO a) QUASH THE ENTIRE PROCEEDINGS IN CC.NO.3041/2024 ARISING OUT OF PCR.NO.186/2024, PENDING ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC AT ANEKAL VIDE ANNEXURE-A AND ALSO THE ORDER OF COGNIZANCE DTD 19.06.2024, VIDE ANNEXURE-B.

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER W AS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court, seeking the

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following prayers:

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" In Crl.P.No.12537/2024:

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"A. Quash the entire complaint/proceedings in C.C.No.3040/2024 (arising out of P.C.R.No.185/2024) offence punishable under Section 23, 23(1), 23(2), 20(1), 20(2), 20(3) and relevant sections of PC&PNDT Act, pending on the file of the Hon'ble IV Additional Civil Judge at Anekal Vide Annexure A and also the order of cognizance dated 19/06/2024, Vide Annexure B.

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B. Allow this Criminal Petition, in the ends of justice and equity.

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Cc. Any other relief that this Hon'ble court deems fit in the interest of justice and equity."

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In Crl.P.No.13007/2024:

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"A. Quash the entire proceedings in C.C.No.3041/2024 (arising out of P.C.R.No.186/2024) offence punishable under Section 23, 23(1), 23(2), 20(1), 20(2), 20(3) and relevant sections of PC&PNDT Act, pending on the file of the Hon'ble IV Additional Civil Judge at Anekal Vide Annexure B and also the order of cognizance dated 19/06/2024, Vide Annexure B.

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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B. Allow this Criminal Petition, in the ends of justice and equity.

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C. Any other relief that this Hon'ble court deems fit in the interest of justice and equity."

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Heard Sri. Tejasvi K.V., learned counsel appearing for the petitioners, Smt. Waheeda M.M., learned High Court Government Pleader appearing for respondent No.1 and have perused the material on record.

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Sri. Tejasvi K.V., learned counsel appearing for the petitioners submits that the issue in the lis stands answered by the judgment rendered by this Court in Criminal Petition No.3002/2024 dated 09.08.2024, wherein paragraph No.7 of the said order reads as under:

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" 7. The afore-narrated facts are not in dispute. The issue, at this juncture, lies in a narrow compass. The 1^st respondent is said to be the Appropriate Authority under the Act to check violations of the Act and regulate functioning of the diagnostic centres. The petitioners are respectively the proprietor and certified operator of the ultrasound machine in the diagnostic centre. The diagnostic centre of the petitioners is inspected by the 1^st respondent at 4.00 p.m. on 08-12-2023 and found several irregularities in the functioning of the Centre. The moment irregularities are found, a complaint comes to be registered invoking Section 28 of the Act. Since the entire issue has now sprung from the complaint, the complaint is necessary to be noticed. It reads as follows:

“…. …. ….

HC-KAR

NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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3. It is further submitted that complainant is a officer of Government having designation as the District Health and Family Welfare Officer at Bengaluru urban District, Reporting Letter and CTC document are herewith produce, visited with power given by the District Appropriate Authority under PC & PNDT Act under Sec.17A and 28 of the Pre-Conception and pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, read with Rules 18A(1)(V) of the PC & PNDT Rules, 1996. The Delegation of power for filing of this case Delegation of power for authorize to inspect Dr. Ravindranath M.Meti, PC & PNDT the same is hereby produced for the kind perusal of this Hon’ble Court and marked as Annexure ‘A’ and ‘B’.

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4. The complainant states that it is the duty of the Appropriate Authorities to implement the act as per Rules 12 and to take action against all bodies upon violation of the Act and also against persons who have appointed/ allowed a person to operate without a valid qualification as mentioned in the Act or involved in sex selection/ determination of sex of the same to anyone else, as they are amount to violation of Act u/Sec.3A, 4, 5, 6, 29 and 30.

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5. The complainant further submits that on 08-122023 the District Appropriate Authority & District Inspection and monitoring Committee visited MEDIZONE MEDICAL CENTRE, No.22, 2^nd Cross, Abhayareddy, Kaggadasapur, Bengaluru-560 093 comprising of Dr. Ravindranath M.Meti, DHO, Delegated as DAA, Dr. NadeemAhamad, FWO, Dr. Leela Government Radiologist, Mr. Narayana R (Case Worker PCPNDT) Bengaluru Urban, on 08-12-2023 Friday about 4.00 p.m. The complainant have produced panchanama hereby produced for the kind perusal of this Hon’ble Court and marked as Annexure-C.

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6. The DAA & DIMC, Team has inspected MEDIZONE MEDICAL CENTRE Kaggadasapura, Bangalore and checked the relevant registers and Form F etc., under the provision of said Act and Rule on arrival at the premises the DIMC found that.

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7. The Ultrasound room is located opposite to the Reception. The ultrasound room was open when team

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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visited the Centre and the USG machine was in the active mode. Mis/Mrs Jenifer & Karthik (Lab Tech.) accepted that scanning was done without generating Form F as per the PC and PNDT Act.

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8. The USG machine present in the Diagnostics Centre was Wipro GeVoluson P8 BT16, with serial No.VP8002800 with single curvilinear probe.

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9. On inspection of the machine, it was found that no images and patient details were not found and it was not store in any media, including the USG machine.

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10. On inspection of Form B (Certificate of Registration) 1 USG machines were found with following details, Wipro GeVoluson P8 BT16, with serial No.VP8002800 machine was available in the Diagnostic Centre premises and staff were unable to provide referral slips & Form-F (1) Images, Patient Bill, Referral slips are hereby marked as Annexure-D.

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11. The complainant submits that –

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a) The signature of the Patient was not found in the Form-F

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i) The patient Signature was not found in FormF name of the patients Neelam aged: 31 years Dated 1311-2023, Ayesha aged 24 years, Dated: 26-11-2023; Rashmitha aged 31 years Dated 26-11-2023; Ramani aged 30 years Dated 27-11-2023

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The same is hereby produced for kind perusal of this Hon’ble Court and marked as Annexures E, F, G, H.

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b) It is further submitted that, the complainant respectfully prays that this Hon’ble Court may kindly be pleased to permit to produce that seized documents before this Hon’ble Court other notice and Letter given by the complainant to the Centre. The same is hereby produced for kind perusal of this Hon’ble Court and marked as Annexure-I & J.

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c) The complainant further submits that after inspecting and examining the ultrasound machine, District

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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Appropriate Authority found that these major violations of the PCPNDT Act, that all the relevant records be seized and sealed.

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d) The cause of action arose in Bangalore Urban Baiyappanahlli Police Station Limits. Hence, this Court has got jurisdiction to try this matter.

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12. It is for the submitted that, the complainant being the Appropriate Authority file this complaint against the accused without any mala-fide intention and misuse of power.

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PRAYER:

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Wherefore, it is respectfully prays that this Hon’ble Court may kindly be pleased to take cognizance nonbailable offence punishable under Section 23, 23(1), 23(2), 20(1), 20(2), 20(3) and other relevant Sections of PC & PNDT Act and other relevant applicable sections under IPC and secure the accused person and punish him for having committed the said offences, as per law, in the interest of justice.”

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The complaint results in invocation of offences under Sections 20(1), (2), (3) and 23(1) and (2) of the Act. It is necessary to notice those provisions. Sections 20 and 23 of the Act read as follows:

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“20. Cancellation or suspension of registration.— (1) The Appropriate Authority may suo motu, or on complaint, issue a notice to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic to show cause why its registration should not be suspended or cancelled for the reasons mentioned in the notice.

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(2) If, after giving a reasonable opportunity of being heard to the Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic and having regard to the advise of the Advisory Committee, the Appropriate Authority is satisfied that there has been a breach of the provisions of this Act or the rules, it may, without prejudice to any criminal action that it may take against such Centre, Laboratory or Clinic, suspend its registration for such period as it may think fit or cancel its registration, as the case may be.

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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(3) Notwithstanding anything contained in subsections (1) and (2), if the Appropriate Authority is of the opinion that it is necessary or expedient so to do in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic without issuing any such notice referred to in sub-section (1).

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23. Offences and penalties. —(1) Any medical geneticist, gynaecologist, registered medical practitioner or any person who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic Clinic or is employed in such a Centre, Laboratory or Clinic and renders his professional or technical services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees.

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(2) The name of the registered medical practitioner shall be reported by the Appropriate Authority to the State Medical Council concerned for taking necessary action including suspension of the registration if the charges are framed by the court and till the case is disposed of and on conviction for removal of his name from the register of the Council for a period of five years for the first offence and permanently for the subsequent offence.

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(3) Any person who seeks the aid of any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist or imaging specialist or registered medical practitioner or any other person for sex selection or for conducting pre-natal diagnostic techniques on any pregnant women for the purposes other than those specified in sub-section (2) of Section 4, he shall be punishable with imprisonment for a term which may extend to three years and with fine which may

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees.

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(4) For the removal of doubts, it is hereby provided that the provisions of sub-section (3) shall not apply to the woman who was compelled to undergo such diagnostic techniques or such selection.”

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Section 20 which deals with cancellation of registration and empowers the Appropriate Authority to issue a notice to any diagnostic centre to show cause as to why its registration should not be suspended or cancelled for reasons mentioned in the notice. After giving a reasonable opportunity of being heard, if the Authority concerned is satisfied that there has been breach of the provisions of the Act, it may initiate criminal action against the Centre, suspend its registration for a period it may think fit or cancel its registration for reasons to be recorded in writing. Section 23 which deals with offences and penalties makes any person who would contravene the provisions of the Act to undergo punishment stipulated therein. "

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Smt. Waheeda M.M., learned High Court

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Government Pleader appearing for respondent No.1 would not dispute the position of law as is laid down by this Court as quoted hereinabove.

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In the light of the issue standing completely answered by this Court quoted supra , the criminal petitions are disposed of on granting the same relief qua the petitioners.

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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For the aforesaid reasons, the following:

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ORDER

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(i) Criminal Petitions are allowed .

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(ii) In CRL.P No. 12537/2024, entire proceedings in C.C. No.3040/2024 (arising out of P.C.R.No.185/2024) pending before the IV Addl. Civil Judge, Anekal, qua the petitioners, stands quashed.

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(iii) In Crl.P.No.13007/2024, entire proceedings in C.C. No.3041/2024 (arising out of P.C.R.No.186/2024) pending before the IV Addl. Civil Judge, Anekal, qua the petitioners, stands quashed.

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(iv) In both the petitions, the State shall issue notice to the petitioners within one week from the date of receipt of the copy of this order. The Petitioners shall submit their reply within one week from receipt of notice.

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HC-KAR

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NC: 2026:KHC:39834 CRL.P No. 12537 of 2024 C/W CRL.P No. 13007 of 2024

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CNR: KAHC010652552024

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(v) The State, thereafter, shall regulate its procedure in accordance with law.

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(vi) A copy of this order shall be transmitted to Secretary, Department of Health and Family Welfare, Government of Karnataka, for necessary compliance.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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PHM

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List No.: 1 Sl No.: 38

Sr. Cleritta Mary v. State of Karnataka

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Sr. Cleritta Mary v. State of Karnataka

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