Allowed

Boya Naresh and 2 others v. The State of Telangana

Telangana HC22 Mar 2021CRLP/1497/2021

Case brief

AI extract

What is this about?

The High Court of Telangana granted bail to multiple accused persons charged with illegal sex determination and foeticide under the PCPNDT Act and IPC, releasing them on personal bonds with sureties despite the prosecution's opposition.

What did the court decide?

Released on bail on personal bond of Rs. 25,000 or Rs. 1,00,000 depending on accused, with two sureties, subject to strict conditions regarding appearance and conduct.

Boya Naresh and 2 others Vs The… — Constitutional and Fundamental Rights | Telangana HC (2021)

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IN THE HICH COURTFO] or TELANGANA ^, ",HHilf;E

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MONDAY, THE TTVENTY SECOND DAY OF MARCH r wo rHor/sAND A$ i#E;;y ;ffi-^^" "l

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[31sE I

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:PRESENT:

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THE HON'BLE.IUSTICE G.SRI DEVI

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CRIN{INAL pE rITtoN NOS: 1444, 1484,1497..& 20lo oF 2O2t .- CRL.P.NO. 1444o.F2021:

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IJerrl een:

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l Jaxkula Ganesh. S,o. Lingaiah tA_16) 2 Damu Ravi. S/o. Sarhainh. (A_ I 7),

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A]\I)

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Petitioners/Accused No. 16 & I i

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l'he State ol Telangana, Rep. by its public prosecutor, High Court at Hyderahad.

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Respondent/Complainrnr

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Counsel for the Petitioners SRI K,V.SUBBA REDDY

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Counsel for thc Respondent : ADDL. PUBLIC PROSECITTOR

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?etilion under Sections 437 & 439 of cr.p.c, praying that in the circtmrstances stated in t;:c pctition a:rd the grounds filed therein, the l{igh court may be pleased to release the g:ctitioners ,/Accu-<ed No. 16 & 17 on bail pending tlial in crirne No. 04 ol 2021 of Chirvala i)olrcr' Sration. Nalgonda Disrrict.

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( ltl\IINAL I'E'IITION N0: 1484 OF 2021 IJctw een:

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I . Buthaala Bixapathi, S/o. Narsimha. 1A-3)

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iiila Prahhaker, S/o. Badraiah.(A- 13)

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Petitioners/Accused No. 3 & I-l

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AND

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I'he State ofTelangana, Rep. by its Public Prosecutor, Fligh Court at Hyderabad.

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Respondent/Cornpl aina'rt

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Counsel for the Petitioners : SRI K.V.SIIBBA REDDY Counsel for the Restrlondent : ADDL.PUBLICFROSECUTOR /

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Petition under Sections 437 & 439 of Cr.P.C, praying that in the circumstances stated in the petition and the grounds filed therein, the High Court may be pleased to release the pelitionels ./ Accused No. i and 13 on bail pending trial in Crime No. 04 of 2021 of Chitval It:lice Station. Nalg..nda D istrict:

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CRIMINAL^{PETITION NO: 1497OF 2021'} Between:

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1 . BoYa^{Naresh. S/oMallaiah'}

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Gundlapally^{Nalsimha, S/o' Lingaiah':}

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Bathuka^{Yadaian.S1o. Galaiah'}

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Petitioner/Accused^{Nos.6. l2 & 14}

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ANI)

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The State of^{Telangana,throughS.H'O' Chityaia(NLG) Police Station' Rep' by Public} Prosecutor, High^{Courtat Hyderabad}

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Res pondent/ComPlai^nant

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Counsel for the Petitioners^: SRI PALLE SRIHARI^NA'[H

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Counsel for the Respondent^: ADDL' PUBLIC PROSECU'IOR

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Petition under sections^{437 &,439 of cr.P.c, pmyingthatin the circumstances stated in} the petition and the^{groundsfiled therein, the Highcourt maybe pleasedto enlarge the} Petitioners/Accused Nos. 6, 12^{and 14 on bail'inconnectionwiththe Crime No 04 of 2021.dt.} 03.Ol .2021 of Chityal rNLG) Police Station,^{Nalgonda District.in the interest of justice;}

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CRIMINAL PETITION NO: 2010 OF²⁰²¹

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Between:

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l. Gaddam Govardhan, Sio. Late Bixam,

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Gitta Ganesh, S/o. Gitta Durgesh,

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Petit ioners/Accused 7 & 8

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A:\iI)

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The State ofTelangana, Rep. by its Public Prosecutor, High Cou( ofJudicature a1 l{-v-'derabad. through P.S. Chityal, llalgonda District.

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Respondent/Complainant

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Counsel for the Petiti oners SRI CHINDAM AN.'ANE'1/I iI,T]

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ADDL. PUBLIC PROSECU'IOR Counsel for the Respondent :

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Petition under Sections 437 & 439 of Cr.P.C, praying that in the cjrcumstances stated in the petition and the grounds filed therein, the High Court may be pleased to grant Regular Bail to the petitioners/Accused No.Tand 8 in Crime No. 4 of 2021 of PS Chityal, l{algonda District, TS, pending on the file of the leamed Prl. Judicial of First Class Magistrate at Ramannapeta, TS.

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The Court made the following;

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i3-----

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HONOURABLE JUSTICE G. SRI DEVI

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CRIMINAL PETITION NOs.1444. 1484 , 1497 AND 2010 0F 202 1

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COMMON ORDER:

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Since all these four Criminal Petitions arise out of the same crime number, they are taken up together for disposal

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The petitioners/A- 16 and A-17 filed Criminal Petition No.1444 of 2021, the petitioners/A-3 and A- 13 filed Criminal Petition No. 1484 of 2021, the petitionersl A-6, A-12 and A- 14 filed Criminal Petition No.1497 of 2O2l and the petitioners/A-7 and A-8 filed Criminal Petition No.2010 of 2027 under Sections 437 and 439 of the Code of Criminal Procedure seeking to grant bail to them in Crime No.4 of 2027 of P.S. Chityala, Nalgonda District, which was registered for the offences punishable under Sections 120(b) and 313 read with Section 34 of the Indian Penal Code and Sections 23,23(31 read with 24 of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 7994 and Section 15(2)(b) of the Indian Medical Counsel Act, 1956.

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Heard the learned counsel for the petitioners /A-3, ,{-6 to A-8, A-12 to A-14, A-16 and A-17, the learned Additional Public Prosecutor representing the respondent- State and perused the record.

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The allegation against the petitioners/A-3, A-6 to A-8, A-12 to A-14, A-16 and A-17 is that on 03.01.2021 at 17.30 hours, the de /acto^{complainantgave a complaint statingthat all the petitioners} have been illegally conducting ultrasound scanning for^several women to Iind out the sex of the baby in the womb and if they^know as the baby in the womb is female, then they^{woulddo abortions and} working as a group in the il1ega1 business.

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Learned Additional Public Prosecutor opposed to^{grantbail to} the petitioners / A-3, .4-6 to A-8, A-12 to^{A-14,A-16 and A-17 and} stated that the petitioners/A-3, A-6 to A-8, A-12 to A-14, A-16^and A-17 are not having previous criminal antecedents.

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Learned counsel for the petitioners/A- 1 to A-8 submits that a1l the petitioners except A-7 and A-8 were arrested on 08.01.202 1 and A-7 and A-8 were arrested on O3.O2.2O21 and all the pelLtioners are languishing in^jaii for more than 4O days. The petiti,)ners have nothing to do with the alleged crime and they have not committed any offence as alleged by the prosecution and they are falsely implicated in the above case. Hence, it is prayed to c()nsider the petitioners' application for bail.

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Looking into the facts and circumstances of the case and the lact that most part of the investigation is completeci and the statements of several witnesses have already been recorded by the police, I am inclined to grant bail to the petitioners / A-3, ,4-6 to A-8, A-12 to A-14, A-16 and A-i7.

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The Criminal Petition is allowed and the petitioners /l-3, A-6 to A-8, A-12 to A-14, A-16 and A-17 shall be released on L,ail on the following terms and conditions:

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(i) That the petitioners/A-6 to A-8, A-14, A-16 and A-17 shall execute a personal bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties for a like sum each to the satisfaction of the Additional Judicial F irst Class Magistrate, Ramannapeta and that the petitic,ners/ A- 3, A-12 and A-13 shall execute a personal bond for Rs. 1,OCI,OOO/- (Rupees one lakh only) each with two sureties for a like sum each to the satisfaction of the ,\dditional Judicial First Class Magistrate, Ramannapeta;

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',,

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(ii) That the petitioners/A-6 to A-8, A-14, A-16 and A-17 shall appear before the investigating authorities on every third Saturday between 10,00 am and 5.00 pm till conclusion of investigation and submission of final report and that the petitioners/A-3, A-12 and A-13 shall appear before the investigating authorities on every Saturday between 10.00 am and 5.O0 pm till conclusion of investigation and submission of final report;

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(iii) That the petitioners/A-3, A-6 to A-8, A- 12 to A-14, A-16 and A- 17 shall not indulge in similar type of activities in future and if it is found that they are indulged in similar type of activities in future, the liberty granted to them shall automatically stand cancelled and they would be taken into custody forthwith.

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(iv) that the petitioners/ A-3, ,{-6 to A-8, A-12 to A-i4, A-16 and A-17 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Investigating Authority;

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(v) that the petitioners/A-3, A-6 to A-8, A-12 to A-14, A-16 and A-17 shall not act in any manner which will be prejudicial to fair and expeditious investigation and shall co-operate with the investigating agency.

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(vi) that the petitioners/A-3, A-6 to A-8, A-12 to A-14, A-16 and A- 17 shall not misuse the liberty granted to them.

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(vii) that the petitioners/A-3, A-6 to A-8, A-12 to A-14, A-16 and A-17 shall appear before the Court concerned^personally on each date of hearing til1 conclusion of trial.

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Miscellaneous applications pending, if any, shall stand closed.

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Sd/. K.ONESIM ASSISTANT REGISTRAR

//TRUE COPy/t

SE N OFFICER

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To,

1 The V Addl. Disrict and Sessions Judge. Bhongir, Nalgonda^Distric".

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2 The Principal Judicial First Class Magistrate, Ramannapet4 Nalgonda District

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3 The Addl. Judicial First Class Magistrale, Ramannapeta, Nalgonda District.

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4 The Station House Offrcer, Chityal Police Station, Nalgonda District.

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5 The Superintendent. Sub Jail, Nalgonda Districl

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6 The Superintendent. Bhongir Jail, Nal$onda District.

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7 The Superintendent. District Jail, Nalgonda, Nalgonda District.

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8 Two CCs to Public Prosecutor, High Court of Telangana, at Hyderaba,J (OUT)

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Two CCs to Sri K-.V. Subba Reddy, Advocate (OPUC)

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One CC to Sri P.Srihari Nath, Advocate (OPUC)

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I l. One CC to Sri Chindam Anjaneyulu, Advocate (OPUC)

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One Spare Copy

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NOTE: In the order dated 22-03-2021, in Crl.P. No. 2010 of 2021. v.'hich is a comrnon order, it is typed as 'Gitta Durgesh'. Hence, it is corrected as 'Late Bixam', in the order Crl.P. No. 2010 of 2l)21, as per the orders of the Hon'ble Court passed in IA. No. I of 2021 in Crl.P. No 2010 of 2021, dated 26-03-2021. Substitute this amendel order in place of previous order, which was already dispatch€d on22-03-2021.

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Sd/. ONESIM ASSISTANT RECiISTRAR

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rIIGH COUR'I'

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GSD,J

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DATE: 22-03-2021 26-03-2021

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AMENDED OI{DER

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CRL.P. NOS. 1{.1:t, 148.1, 1497 & 2010 OF 2021