Harsha Roy, v. The .State Of Telangana
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.13320 of 2025 ORDER:
This Criminal Petition is filed seeking the Court to enlarge the petitioner, on bail, who is arrayed as accused No.11 in Crime No.147 of 2025 of Gopalapuram Police Station, Hyderabad.
2.
The brief facts of the case are that on 25.07.2025, the de-facto complainant lodged a report alleging cheating, fraud, and criminal conspiracy by Dr. Pachipali Namratha and her associates at Universal Srushti Fertility Centre, Secunderabad and Visakhapatnam. After two miscarriages, the complainant and her husband approached the clinic in August 2024 for IVF treatment but were persuaded to opt for surrogacy on the assurance that their own gametes would be used and that a healthy child would be delivered after DNA confirmation. They paid Rs.30,26,000/- between August 2024 and May 2025 through various modes. The clinic claimed successful implantation and pregnancy, shared selective reports, and withheld originals. In June 2025, they were handed a
newborn at Lotus Hospital, Visakhapatnam, without any DNA test. On conducting an independent DNA test, the couple found the child was not biologically related to them. When confronted, Dr. Namratha stopped responding and absconded. The complainant alleged fraud, misuse of gametes, and fabrication of the surrogacy process, amounting to breach of trust and possible trafficking of reproductive material, and sought legal action.
3.
Heard Sri S. Chandrashekar Yadav, learned counsel appearing for the petitioner, and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the respondentState. 4.
Learned counsel for the petitioner submitted that the petitioner is innocent and has no involvement whatsoever in the alleged offences and that he has been falsely implicated solely based on the alleged confession of accused No.1 recorded during police custody. The petitioner was arrested on 01.08.2025, and the material part of the investigation has already been completed. Therefore, he prayed the Court to grant bail to the petitioner by allowing this criminal petition.
5.
On the other hand, the learned Additional Public Prosecutor submitted that the investigation is at initial stage and that several victims have suffered at the hands of accused No.1, who has allegedly been involved in similar offences since 2013. He submitted that, based on the confession statements of accused Nos.1, 2, 4, 6, 9, and 10, offences have indeed been committed and that the role of the petitioner is still under investigation. Therefore, he prayed the Court to dismiss the criminal petition.
6.
In the light of the submissions made by both the learned counsel and a perusal of the material available on record, it appears that the petitioner is in jail since 01.08.2025. As seen from the record, the material part of the investigation was completed. Considering the facts and circumstances of the case as well as the incarceration period of the petitioner, this Court deems it fit to grant bail to the petitioner subject to the following conditions: i.
The petitioner shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties for a like sum each to the satisfaction of the learned
X Additional Chief Judicial Magistrate, Secunderabad.
ii.
The petitioner shall appear before the concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) week or till filing of charge sheet whichever is earlier, for the purpose of investigation, and thereafter, as and when required.
iii.
The petitioner shall abide by the conditions stipulated in Section 437(3) of Cr.P.C.(presently, Section 480(3) of the BNSS).
7.
Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 27.10.2025 SAI
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.13320 of 2025 Date: 27.10.2025 sai