THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION Nos.8982, 8907 and 8915 of 2025

COMMON ORDER:

These Criminal Petitions are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking anticipatory bail to the petitioner/accused Nos.1, 11 and 12 respectively in Crime No.95 of 2025 of P.S. Doma, Vikarabad District, registered for the offences punishable under Sections 305, 324(5) and 329(3) r/w 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’), Section 4 of the Prevention of Damage to Public Property Act, 1984 (for short ‘PDPP Act’) and Section 3(a) of the Explosive Substances Act, 1908 (for short ‘ES Act’).

2. All these criminal petitions are arising out of Crime No.95 of 2025 of Doma Police Station. Hence, all these three cases were heard together and disposed of by this common order.

3. Brief facts of the case:

3.1 The brief facts of the case are that on 31.05.2025, the complainant, who is working as Nayab Tahsildar at Doma Mandal, lodged a complaint stating that during a field inspection near Dirsampally Village, it was found that Nagi Reddy (accused No.1), who held a mining lease for 4 hectares (approximately 10 acres) in Sy.No.173/P, was conducting illegal mining in an adjacent area of approximately Ac.1-01 gunta. The inspection revealed blasting operations up to a depth of 7.25 meters, and the excavated material was allegedly sold for illegal profit. Upon inquiry, it was confirmed that mining was carried out beyond the leased area, following which the complainant seized three Hitachi excavators and one tractor.

Basing on the same, present crime was registered.

4. Heard Sri C.Pratap Reddy, learned Senior Counsel representing Mr.Mohammed Muzaferullah Khan, learned counsel appearing for the petitioner in Crl.P.No.8982 of 2025 and Sri M.Surender Rao, learned Senior Counsel, representing Sri Naraparaju Avaneesh, learned counsel for the petitioner in Crl.P.No.8915 of 2025 and Sri Bandar Manav Kumar, learned counsel appearing for the petitioner in Crl.P.No.8907 of 2025, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent – State.

5. Submissions of learned counsel for the petitioners:

5.1 Learned Senior Counsel for the petitioner in Crl.P.No.8982 of 2025 submitted that the petitioner/accused No.1 has not committed the offence and he was falsely implicated in the above crime. He further submitted that the Assistant Director of Mines and Geology, Tandur Mandal, Vikarabad District, after following the due procedure as contemplated under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (for short ‘MMDR Act’) has granted stone quarry lease under (Form-G) Rule 8 of the Telangana State Minor Mineral Concession Rules, 1966 (for short ‘TSMMC Rules’) on 12.03.2018 to an extent of 4 hectares (equivalent to 10 acres) in the Government land covered by Sy.No.173/P at Dirsampally Village, Doma Mandal, Vikarabad District, for a period of 15 years. He also submitted that the petitioner has obtained explosive license from the competent authority under the provisions of the ES Act and the same is valid up to 31.03.2029.

5.2 He further submitted that the Nayab Tahsildar, Parigi Mandal, lodged a false complaint alleging that accused No.1 was carrying out illegal mining activity over an extent of Ac.1.01 guntas beyond the leased area granted to him by excavating up to a depth of 7.25 meters using explosives, though accused No.1 has not violated any lease conditions. He also submitted that neither the Mines and Geology authorities nor the revenue authorities have conducted any inspection, survey or demarcation of the alleged land in question nor they have issued any notice stating that accused No.1 is carrying out mining operations beyond the leased area, on the other hand, the de facto complainant-Nayab Tahsildar, straight away lodged a complaint against accused No.1 and others. He further submitted that accused No.1 is car