HC issues notices to State, Hyd CP, IO in phone tapping case

Hyderabad: On Friday, the Telangana High Court Single Bench comprising Justice Bollam Vijaysen Reddy heard the Writ Petition filed by Dugyala Praneeth Kumar @ Praneeth Rao, former Dy Superintendent of Police and A-2 in the phone tapping case.

The Petitioner filed the Plea seeking a direction to ‘set aside’ the orders of the XIV Additional Metropolitan Magistrate, Hyderabad and release him on bail.

The Court issued Notices to the Principal Secretary to the Government Home Department, CP Hyderabad, DCP West Zone, ACP Panjagutta, SHO, Panjagutta and the Investigating Officer in Crime No. 243/2024 of PS Panjagutta and directed them to respond to the Notices by 23-12-2024.

Once the Chargesheet is filed in the Court, from that date, the Investigating Officer must be confident and should have the confirmation about the completion of the investigation but in this case it is not so, hence, on this ground the petitioner is entitled for bail from the date of filing of the Chargesheet, the counsel averred before the Court.

Refuting the contention of the Senior Counsel, GP for Home Mahesh Raje informed the court that in the phone tapping case, the accused No.1 T Prabhakar Rao, former SIB Chief and the accused No.6 Aruvela Shravan Kumar Rao, a TV reporter are absconding.

In their absence also the case has been investigated by apprehending and arresting the other four accused and the Chargesheet to that effect has been filed in the Court and on this ground, it is contended that the investigation is not complete.

Once, the Chargesheet is filed, the accused is not entitled for any relief, though the Investigating Officer has not filed all the documents as the investigation still needs to be done, that does not vitiate the case or investigation.

If the Court is satisfied by the offence committed by the accused and takes cognizance of the offence, further investigation can go on, contended the GP for Home.

The High Court has extended the interim bail of N. Bhujanga Rao and its hearing is pending in the High Court and the Criminal Petitions filed by A3, P Radha Kishan Rao, DCP (Retd) and A5 Aruvela Shravan Kumar Rao, (A6) TV reporter are reserved for orders.

The petitioner seeks bail on the ground that the Investigating Team has filed the final report on 10-06-2024 without completing investigation as mandated under Section 173(2) CrPC and re- submitted the same on 18.06.2024, 25.06.2024 and 11.07.2024 to impede the mandatory bail accrued to the Petitioner under Section 167(2) of the Cr.P.C., which is a gross violation of the Petitioner's fundamental right to life and personal liberty under Article 21 of the Indian Constitution.

The petitioner further, through the senior counsel informed the Court that he was remanded to judicial custody on 13.03.2024 and completed 90 days in judicial custody as of 11.06.2024 and is eligible to be released u/s 167 (2), if there the Chargesheet is not filed before the court on or before the 90th day and in this case this happened as the same was returned by the Hon'ble Magistrate on 18.06.2024 and therefore as on the 98th day there was no Charge Sheet before the Magistrate on 18.06.2024.