Dr.Dasari Koteswar Rao v. The State Of Telangana
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IN THE HIGH COURT FOR T}IE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY ONE :PRESENT:
THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION NO: 2357 OF 2021 ..,.
Between:
Dr.Dasari Koteswar Rao, S/o.Ram Murthy, Petitioner/Accused-4 AND The State of Telangana, Rep, by its Public Prosecutor High Court of for the State ofTelangana, At Hyderabad.
Responden!r'Com pla ina nt Petition under Section 438 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to release the petitioner on bail in event of his arrest in Crime No.4 of 2027 on the file of Chityala Police Station, Nalgonda District; The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon /'
hearing the arguments of SRI A PRABHAKAR RAO Advocate for the Petitioner and Assistant PUBLIC PROSEC-$fOR for the sole Respondent, the Court made the following.
ORDER:
t THE HONOURABLE JUSTICE G. SRI DEVI cRIMINAL PETITION No.2367 ol 2021 ORDER:
This Criminal Petition, under Section 438 of the Code rf Crirr inal Procedure, 1973, is filed by the petitioner/A4 seeking to grant anticipatory bail in the event of his arrest in Cr.No.4 ol 2021 on the file of Chityal Police Station, Nalgonda District, registered for the offences punishable under Sections 120-8, 31 3 read with Section 34 IPC and under Sections 23,23(3) read with Section 24 of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Section 15(2Xb) of lndian Medical Council Act, 1956. 2.
Heard learned counsel for the petitioner/A4, learned Assistant Public Prosecutor appearing for the respondenfState and perused the record.
3.
Learned counsel for the petitioner/A4 submits that the petitioner has not committed any offence as alleged by the prosecution and he has been implicated in this case based on the confession of other accused. He further submits that the petitioner is a retired MBBS Doctor and there are no specific allegations against him and his name is also not found in the FlR. He further submits that the entire investigation is completed, except filing of the charge sheet. He also submits that the petitioner is a law abiding citizen and he has not involved in any criminal cases earlier to this crime and he is ready to abide by any condition that may be imposed by this Court in the event of his enlargement on anticipatory bail. 4.
Learned Assistant Public Prosecutor vehemently opposed to grant \ anticipatory bail to the petitioner.
\ 5.
As seen from the contents of FlR, there are no allegations aga nst the petitioner and his name is not mentioned as accused in the FlR. However, in the remand report, the name of petitioner has been mentioned simply stating that the petitioner-Dr.Koteshwar Rao who is a
retired IVIBBS Doctor, also visited the hospitals of A3 and Al O, Exoept this, there is nothing on record to show that the petitioner is also involved in ultrasound scanning and determination of sex in the womb of the expected mothers. Thus, looking into the nature of allegations leveled against the petitioner, without adverting to the merits of the matter, I am inclined to grant anticipatory bail to the petitioner/A4. 6.
The Criminal Petition is accordingly allowed and the petitioner/ 44 is granted anticipatory bail subject to the following terms and conditions: (i) The petitioner/A4 is directed to surrender before the Station House Officer, Chityal Police Station, Nalgonda District, within a period of '15 days from the date of this order and on such surrender, the said Station House Officer shall release the petitioner/A4 on bail on his executing a personal bond to the tune of Rs.1 5,000/- (Rupees fifteen thousand only) with two sureties for the like sum each to his satisfaction.
(ii) On such release, the petitioner/A4 shall appear before the lnvestigating Officer on 3'd Saturday of every month between 10.00 AIU and 2.00 P[\/., till completion of investigation or filing of the charge sheet whichever is earlier.
(iii) The petitioner/A4 shall abide by the other conditions stipulated in Section 438(2) Cr.P.C.
7.
[t/iscellaneous applications, if any pending in this criminal petition, shall stand closed.
_t SD/. M,MANJUIA ASSISTA R To, I //TRUE COPY// SECT FFICER
1. The Principal Judicial First Class Magistrate at Ramannapeta ,,,
2. The V Rdditionat District and Sessions Judge at Bhongir '" 3.TheStationHouseofficer,Chitya|aPoliceStation,NalgondaDistrictT
4. One CC to SRl. A PRABHAKAR RAO Advocate IOPUC] 5 Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad [OUT]
6. One spare CoPY \
Y HIGH COURT GSDJ DATED:31 10312021
ORDER
CRLP.No.2367 ot 2021 .-.:
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ANTICIPATORY BAIL