Criminal Petition No. 12549 of 2024 · High Court · 2025

Order

Seeking the Court to enlarge the petitioner, who is arrayed as accused No.5 in P.R.C.No.260 of 2024 on the file of the learned XIV Additional Chief Metropolitan Magistrate, Hyderabad, on bail, the present Criminal Petition is filed.

2. The brief facts of the case are that the petitioner, along with other accused individuals, engaged in illegal phone tapping and recording of conversations. They allegedly used technology to create profiles of targeted individuals, including leaders of various political parties and their supporters. The accused also allegedly monitored the locations of these individuals using their phones. Additionally, some cash was seized during the investigation. Following the loss of the ruling party in the assembly elections, the accused allegedly attempted to cover their tracks by formatting their phones and damaging the hard disks of computer systems at the Special Intelligence Branch (SIB). This destruction of evidence 2 SKS,J Crl.P.No.12549 of 2024 resulted in a significant loss of information gathered over the years.

3. Basing on the same, a case was registered vide Crime No.243 of 2024 by Panjagutta Police, Hyderabad, charging the accused with various offences, including criminal breach of trust, mischief, disappearance of evidence, and conspiracy. The case also involves charges under the Public Documents Destruction of Records Act, the Information Technology Act, and other relevant laws. During the investigation, the Police arrested several accused, including the petitioner, and examined 69 witnesses. They also collected documentary and scientific evidence. A charge sheet was filed, and the Police sought permission to file further evidence in the form of supplementary or additional charge sheet.

Heard Sri E. Uma Maheswar Rao, learned counsel representing Sri E. Sudhanshu Rao, learned counsel appearing on behalf of the petitioner as well as Sri Palle Nageswar Rao, learned Public Prosecutor appearing on behalf of the respondent-State.

5. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and is being falsely 3 SKS,J Crl.P.No.12549 of 2024 implicated in a case involving phone tapping, destruction of evidence, and other allegations. He further submitted that the petitioner is the former DCP of Taskforce, his duties did not involve the Special Intelligence Branch (SIB) Office, where the alleged offences took place. He contended that the case is an attempt at political vengeance and that the petitioner is being made a scapegoat. He lamented that the allegations, much less, rely on inadmissible confessions and hearsay statements of witnesses. The petitioner was removed from service seven months before the FIR was registered, and there is no evidence to link him to the destruction of hard disks at the SIB Office. Therefore, he prayed the Court to grant bail to the petitioner by allowing this Criminal Petition.

6. On the other hand, learned Public Prosecutor filed counter opposing the bail petition stating investigation has uncovered a serious crime involving criminal conspiracy, criminal breach of trust, cyber terrorism, and illegal surveillance, among others. The petitioner allegedly misused his official position to commit these crimes, posing a threat to national security and public interest. The charges include Section 409 of the IPC and Section 66(F) of the IT Act, 4 SKS,J Crl.P.No.12549 of 2024 2000, which carry a sentence of life imprisonment. Releasing the accused at this stage could hinder the investigation, send a wrong signal to the public, and compromise the integrity of the investigation. The crimes alleged are unprecedented and of grave concern. Therefore, he prayed the Court to dismiss the petition.

7. This Court, after careful consideration of submissions made by both the learned counsel and a thorough examination of the material on record, it is noted that the petitioner has been in judicial custody since

29.03.2024. Although the investigating agency has filed charge sheet, obtained permission for further investigation, and the same is not yet completed. In view of the same, there is a likelihood of delay in commencing the trial.

8. Further, the learned counsel for the petitioner filed I.A.No.1 of 2025, seeking to enlarge the petitioner on interim bail for a period of 5 days. During the course of arguments, the learned Public Prosecutor submitted a sealed cover to this Court and argued that, during the investigation, they discovered that the personal computer of Accused No.3 5 SKS,J Crl.P.No.12549 of 2024 contained certain information about the Hon'ble Judges and this Court examined the same.

9. However, learned counsel for the petitioner also filed a copy of the order of the Hon’ble Supreme Court vide SLP (Crl).No.14658 of 2024, wherein the Hon'ble Supreme Court has granted bail to Accused No.3, who is the prime accused in the subject crime and through whose personal computer, the data that was placed before this Court, was collected by the Investigating Agency. In the light of the order of the Hon’ble Supreme Court and the prolonged incarceration of the petitioner since 29.03.2024, this Court deems it fit to grant bail to him subject to the following conditions: i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only), with two sureties for a like sum each to the satisfaction of the learned XIV Additional Chief Metropolitan Magistrate, Hyderabad. ii. The petitioner shall appear before concerned SHO at 11:00 a.m., on every Monday for a period of eight (8) weeks, for the purpose of investigation, and thereafter, as and when required. iii. The petitioner shall surrender his passport to the concerned Court immediately. 6 SKS,J Crl.P.No.12549 of 2024 iv. The petitioner shall cooperate fully with the investigation agency, shall not engage in any activity that may hamper the investigation, including making any statements to the media or public that may prejudice the investigation. v. The petitioner shall not contact or intimidate any witness or family members of the witnesses/victims. vi. In case of any violation of the said bail conditions, the Investigating Agency is at liberty take appropriate steps, accordance with law.

10. Accordingly, the Criminal petition is allowed. Miscellaneous applications, if any pending, shall stand closed. Date: 30.01.2025 SAI _______________ K. SUJANA, J 7 SKS,J Crl.P.No.12549 of 2024 THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12549 of 2024 Date: 30.01.2025 SAI