Pune Court Denies Anticipatory Bail to Accused in Metro Tunnel Damage Case

Pune: A Pune court has denied anticipatory bail to two accused in the Pune Metro tunnel damage case, emphasizing the seriousness of the offense and the risks to public safety. Additional Sessions Judge RR Mendhe stated, “Considering the nature of the offense, the prima facie case against them, and the punishment prescribed for the offense, I am not inclined to exercise discretion in favor of the applicants to protect them from their arrest.” The court added that the case involves public property and the safety of citizens.

The April 6 order rejected the plea of Dhananjay Pandharinath Mote and Popatrao Sopan Jagtap in a case registered at Khadak police station under provisions of the Bharatiya Nyaya Sanhita and Section 78 of the Metro Railways (Operation and Maintenance) Act, which carries a maximum punishment of 10 years.

The court noted that the Metro’s civil department had constructed “twin parallel tunnels, 60 to 100 feet beneath the land” between Shivajinagar Agriculture University and Swargate Pune Mahanagar Parivahan Mahamandal Limited (PMPML) bus stand. Public notices had warned against excavation or borewell work without prior permission.

“It prima facie appears that despite repeated public advisories warning against excavation or borewell activity without permission in Metro zones, the applicants allegedly proceeded with drilling a borewell without verifying underground utilities,” the judge said, adding, “It prima facie shows that the applicants were having the knowledge that by their act they may cause damage to Metro property.”

According to the prosecution, an old house at Shukrawar Peth was demolished, and borewell work was carried out at house No. 415, leading to seepage inside the underground tunnel and water accumulation on the tracks. “The applicants carried out the work of borewell without the permission of the Metro… the applicants carried out work on the property at the stake of public safety,” the order stated.

Investigators cited a spot panchnama noting “damage to the ceiling of the tunnel of size six-inch diameter” along with photographic evidence.

The defense argued that no new borewell was drilled and only an existing one was made functional, and that the accused had no criminal antecedents. However, the prosecution opposed the plea, saying the act endangered public safety and could hamper the probe.

“The alleged offense is against the public property and involves the safety of the public at large… Therefore, I am not inclined to exercise discretion. Hence, application for anticipatory bail is hereby rejected,” the judge said.

District Government Pleader Pramod Bombatkar opposed their bail plea on behalf of the state.

Police registered the case after Metro authorities reported seepage and structural damage allegedly linked to borewell activity in Shukrawar Peth, raising concerns over unauthorised excavation above underground metro corridors in densely populated areas.