JUDGMENT :

Y. LAKSHMANA RAO, J.

CRIMINAL APPEAL NO: 399/2025

This Criminal Appeal has been preferred under Section 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 dated 20.06.2025 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’) where by and where under the bail sought by Accused No.4 was dismissed.

FACTUAL MATRIX:

2. The Respondent No.2, by letter dated 07.12.2023 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 dated 14.02.2025. An FIR was registered as a case in Cr.No.24/2025 dated 16.02.2025 under Sections 447, 427, 379 read with 34 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C.,’) and Section 3 of the Prevention of Damage to Public Property Act, 1984 (for short ‘PDPP Act’) and Section 21(1) and Section 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 non-operational, 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.

4. Aggrieved by the lodging of the FIR, Accused No.1 preferred Criminal Petition No.1950/2025 for quashment of proceedings. A learned single judge of this Court directed the respondent authorities to follow Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) (equivalent to Section 41-A of ‘the Cr.P.C.’), as per the guidelines given by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar, and also restrained the police from taking coercive action against Accused No.1 pending further orders.

5. On 28.02.2025, the Investigating Officer submitted an Alteration Memo in Cr.No.24/2025 before the learned Jurisdictional Magistrate mentioning that during investigation, 11 witnesses' statements were video-graphed, the site of offence was visited, Mahazar was drawn and signed by mediators, and photo and video evidence were gathered. On 27.02.2025, the statement of LW-11, Somireddy Chandramohan Reddy, was taken, in which he incriminated further offences under Sections 120-B, 109, 290, and 506 of ‘the I.P.C.,’ and Sections 3 and 5 of the Explosive Substances Act, 1908. Accordingly, Accused Nos.4 to 10 were included in the list of accused. Thereafter, on 31.03.2025, anot