P.Kalyani v. The State Of Telangana
I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY,THE FIFTEENTH DAY OF DECEIVIBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA cRl PETITiON NO: 15631 oF 2025 Between:
P.Kalyani, D/o Lingaswamy, Aged about 25 years, Occ: Nurse, F/o. Pajjur village, Thipparthi Mandal, Nalgonda District. ... PETITIONER/ACCUSED NO.1 AND
1. The State of Telangana, Through Station House Officer PS Domalguda, Hyderabad, Rep.by its Addl. Public Prosecutor High Court of Judicature at Hyderabad For the State of Telangana.
2. Thudum Madhu, S/o. T.Malsoor, Aged about 27 years, Occ: Auto Trottey Driver, R/o.1 -2-234113146/4, Arvind Nagar, Domalguda, Hyderabad. ... RESPON D E NTS/COM PLAIN ANT Betition under Section 482 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Anticipatory Bail to the petitioner/Accused No.1 in connection to Crime in FtR No.7712025 of PS., Domalguda.
This Petition coming on for hearing, upon perusing the [Vlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D. Kadire Krishnaiah, Advocate for the Petitioner and as well as Sri D. Arun Kumar, Additional Public Prosecutor on behalf of the Respondent No.1 The Gourt made the following: ORDER
;-\ IIT THE HIGH COURT FOR THE STATE OT'TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15631 of2o.25 DATDz L5.12.2O25 BETtrIEEN:
P. Kalyani .....petitioner/accused No. I And The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad and another.
.. . .. Respondents/complainant
ORDER
This Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short tsNSSJ for grant of pre-arrest bail to the petitioner, who is arrayed as accused No.1 in Crime No.77 of 2025 before the Domalaguda
sKs,J Crl.P.No.1563l of 2o26 Police Station, Hyderabad, registered for the offences punishable under Sections 9L,94 ,103 and 238 read with 3(5) of BNS 2.
The brief facts of the case are that on 17.03.2025 the . police received a written Telugu complaint from Sri Thudum Madhu, an auto-trolley driver from Domalguda, stating that while attending his routine duty of supplying sand, he went to the GHMC public toilets near the east-side gate of NTR Stadium around l2:4O hours and found a half-burnt infant lying near the toilet wall. Finding no one nearby, he immediately dialed 1OO and informed Domalguda Police. Based on his complaint, the Inspector of Police registered Crime No.7712025 under Sections 91 and 94 BNS and took up investigation, later adding Sections 1O3 and 238 r/w 3(5) BNS, alleging involvement of the petitioner.
3.
Heard Sri Kadire Krishnaiah, Iearned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Pubtic Prosecutor appearing on behalf of the respondent - State.
It't \
r) sKs,J Crl.P.No.15531 of 2o.25 4.
Learned counsel for the petitioner submitted that the petitioner was an innocent nurse working in a private hospital and had no connection whatsoever with the alleged offence. He further submitted that the case was false, registered only on the basis of a fabricated and vindictive complaint by accused No.2, who allegedly acted out of professional grudge. He contended that no prima-facie material or specilic allegation existed against the petitioner, that the police had already examined the witnesses, and that the petitioner neither advised nor supplied any medicine for termination of pregnancy as alleged. Therefore, he prayed the Court to grant pre-arrest bail to the petitioner by allowing tt i" Criminal Petition.
5.
On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner stating that the allegations leveled against the petitioner are serious in nature. Further, the investigation was not yet completed. Therefore, at this stage, granting of pre-arrest bail to the petitioner does not arise. Hence, he prayed the Court to dismiss the criminal petition. vP :'
sr(s,J Crl.P.No.15631of 2O25 r) 6.
In the light of the submissions made by both the learned counsel and on a perusal of the material available on record, it appears that the main allegation against the petitioner is that she, being a nurse, a[egedly assisted accused No.2 in unlawfully terminating the pregnancy and in the subsequent disposal of the infant by providing guidance and facilitating the act, which ultimately resulted in the dead infant being found near the public toilets. The case diary reflects that the role attributed to the petitioner is still under hctive inquiry and several crucial aspects, including the procurement of medicines and the communication. between the petitioner and accused No.2, are yet to be verified. At this stage, it cannot be held that there are no allegations or prima facie material against the petitioner, particularly when the investigation is still in progress. Therefore, this Court is not inclined to grant the relief of pre-arrest bail and the Criminal Petition is liable to be dismissed.
7.
Accordingly, this Criminal Petition is dismissed. However, the petitioner is directed to surrender before the trial Court and file a regular bail petition, and the trial Court is
a') sKs,J Crl.P.trto.15631 of 2O25 directed to consider and dispose of the same, as expeditiously as possible on its merits and in accordance with law. Miscellaneous applications, if any pending, shall stand closed SD/. P.C. SULEKHA DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The X Additional Chief Judicial Magistrate at Secunderabad.
2. The Station House Officer, Domalguda Police Station, Hyderabad District.
3. One CC to SRI KADIRE KRISHNAIAH Advocate [OPUC]
4. Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad. [OUTI
5. T,wo CD Copies.
Hcpk/Sa&A
arq t l HIGH COURT DATED:1 511212025 s rA 1 I JAN 2026 (J() z.
* ir
ORDER
r:.:i[ CRLP.No.15631 of 2025 CRIMINAL PETITION IS DISMISSED z/'fza