KAKANI GOVARDHAN REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred under Sec. 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the SCs & STs Atrocities (PoA) Act') seeking to enlarge the appellant on bail by challenging the order dtd. 20/6/2025 in Crl.M.P.No.1024 of 2025 passed by the learned Special Judge for Trial of Offences Under SCs & STs (POA) Act-cum-V Additional District & Sessions Judge, Nellore, (for short 'the learned Special Judge') whereby and whereunder the bail sought by Accused No.4 was dismissed.

(2.) The Respondent No.2, by letter dtd. 7/12/2023 lodged report against the persons involved in illegal quarrying in an extent of Ac.31.71 cents in Sy.Nos.697, 699, 751/2, 759/1, 759/2, 924 & 925 of Tatiparthi Village, Podalakur Mandal, SPSR Nellore District. The case of prosecution, as detailed, has its genesis from a report given by the de-facto complainant, M. Balaji Nayak, District Mines and Geology officer, Nellore vide Letter No.1872/M/2015 dtd. 14/2/2025. An FIR was registered as a case in Cr.No.24/2025 dtd. 16/2/2025 under Ss. 447, 427, 379 read with 34 of the Indian Penal Code, 1860 (for brevity 'the I.P.C.,') and Sec. 3 of the Prevention of Damage to Public Property Act, 1984 (for short 'PDPP Act') and Sec. 21(1) and Sec. 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957, (for short 'MMDR Act') against Accused Nos.1 to 3. It was mentioned that Somireddy Chandramohan Reddy, former Minister, and present MLA of Telugu Desam Party from Sarvepalli Legislative Constituency started conducting a Dharna at the said quarry on 16/12/2023 with a protest against illegal quarrying operation. Dharna went on till early hours of 19/12/2023. Following evacuation of the Dharna, a visit was made to the quarry site and found that no quarry operations had been carried out since 15/12/2023, based on a representation filed by Y. Vidhyakiran as per the directions of the High Court of Andhra Pradesh. The quarry was nonoperational, subsequently.

(3.) The District Vigilance Squad (DVS) team and technical personnel of the office concerned kept a tab on the site. Later, it was found that some of the residents, purportedly supported by the then ruling party members, had started illegal quarrying activities forcibly. On a follow-up visit, and with inquiry from Village Revenue Officers (VROs) and residents, it was determined that illegal quarrying of Quartz and Feldspar minerals was done and being exported to China through Chennai Port. Notices were sent under Rule 26(1) and (ii) of the A.P. Minor Mineral Concession Rules, 1966 (for brevity 'the Rules, 1966') to Vakati Siva Reddy and Vakati Srinivasulu Reddy.