Telangana High Court Upholds Right to Statutory Bail for Dr. Namratha in Surrogacy-Related Crimes

Court affirms 'deemed custody' doctrine, grants bail under Section 187(3) of Bharatiya Nagarik Suraksha Sanhita, 2023

In a landmark decision, the Telangana High Court, presided over by Justice N. Tukaramji, has granted statutory bail to Dr. Athaluri @ Pachipala Namratha in a series of interconnected surrogacy-related crimes. The decision, delivered on November 26, 2025, in Criminal Revision Case No. 869 of 2025, highlights the fundamental right to statutory bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Dr. Namratha, the petitioner, was implicated in multiple crimes registered at the CCS Police Station, Hyderabad. Her legal counsel, Sri Yemmiganur Soma Srinath Reddy, argued that the statutory period for default bail should commence from the date of the first FIR registration, given her pre-existing custody in related cases. The court concurred, emphasizing that custody in one case must be treated as custody across all factually interlinked crimes from the same police station.

The Additional Public Prosecutor, Mr. M. Ramachandra Reddy, acknowledged the applicability of the 'deemed custody' principle, citing a prior common order on November 24, 2025, involving Dr. Namratha in similar circumstances. The court reiterated that the 90-day statutory period for filing a charge sheet had expired without completion, thus affirming the petitioner's right to bail as part of the constitutional guarantee of personal liberty under Article 21.

In its detailed order, the court criticized procedural lapses and administrative delays, stating these cannot defeat the accused's right to bail. It directed that Dr. Namratha be released on bail upon furnishing a personal bond of Rs. 25,000 with two sureties, and imposed conditions to ensure her cooperation with the ongoing investigation.

Bottom Line:

Statutory or default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is an indefeasible right of the accused upon the expiry of the statutory period, provided no charge sheet is filed - Custody in one case is to be considered as custody in all factually interlinked crimes arising from the same police station and chain of transactions.

Statutory provision(s): Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Article 21 of the Constitution of India

Dr. Athaluri @ Pachipala Namratha v. State of Telangana, (Telangana) : Law Finder Doc Id # 2815928