Plea to deny Prabhakar Rao anticipatory bail

Hyderabad:The investigation team in the phone-tapping case requested the Telangana High Court not to grant anticipatory bail to prime accused T. Prabhakar Rao, describing the case as “serious and grave", involving illegal surveillance, cybercrime, destruction of evidence and misuse of official positions.

Investigating officer (IO) ACP P. Venkatagiri filed a 45-page counter-affidavit before the High Court opposing the anticipatory bail plea of the retired Chief of the Special Intelligence Bureau (SIB), Prabhakar Rao.

Venkatagiri said a Forensic Science Laboratory report is yet to be submitted and Prabhakar Rao could tamper evidence if he is granted bail.

In the affidavit, the IO said Prabhakar Rao was skillfully evading investigation on the pretext of "health problems".

The former SIB chief has already shown how we used influence to flee to the US via Tirupati, the affidavit read.

It further stated that following the change of the ruling party in the recent state elections, Rao and other accused, including D. Praneeth Kumar, Bhujanga Rao, and Radha Krishna Rao, conspired to erase digital and physical evidence. Devices such as laptops, phones, and storage drives were allegedly formatted, and key SIB documents were destroyed to cover up their tracks.

"Before leaving Tirupati, Prabhakar Rao had cleared his house and sent back his family members to Hyderabad from Tirupati, while he went to the US," it added. The entire episode was a calculated plan by Rao and the other accused.

The affidavit alleged the conspiracy was aimed at distorting democratic processes and curbing the freedoms of citizens to favour the then ruling political party and its leadership.

The investigation has revealed unauthorised surveillance, harassment of political leaders, journalists, judicial officers, bureaucrats, businessmen and their families. Sensitive electronic data, including materials related to national security, were allegedly tampered with and destroyed, raising concerns over the integrity of the nation’s democratic and judicial institutions.

It was also noted that P. Radha Krishna Rao, accused No. 5, resigned from his position as Officer on Special Duty (OSD) soon after the state election results were declared.

The police accused Prabhakar Rao of absconding and monitoring court proceedings from abroad while evading the Indian legal system. The affidavit highlighted that the accused only approached the court for anticipatory bail after facing possible deportation from the US due to visa expiry, the impounding of his passport, the issuance of a Red Corner Notice by Interpol, and the initiation of an extradition process.

The IO emphasised that Accused No.s 2 to 5 have already spent about 11 months in judicial custody, whereas Rao and accused No. 6 fled the country and are now trying to exploit the legal process for relief.

The police strongly opposed the bail plea, asserting that anticipatory bail is a discretionary relief meant for those who approach the court with clean hands. The affidavit argued that Rao’s lack of bona fides and his deliberate attempts to evade investigation and arrest should disqualify him from receiving such relief.

The counter concluded with a prayer to the court to dismiss the anticipatory bail plea “in the interest of justice”.