Phone tapping case: Telangana HC reserves order in bail plea by former Addl. DCP Mekala Tirupathanna

Hyderabad: On Saturday, the Telangana High Court reserved its order in the bail petition filed by Mekala Tirupathanna, former Addl. DCP who is accused number 4 in the phone tapping case.

Public Prosecutor Palle Nageshwar Rao opposed the bail petition of Mekala Tirupathanna on the ground that he is one of the police officers among 6 others who allegedly illegally snooped on the phones of Congress party leaders during the BRS party government regime.

Moreover, the Congress party leaders, which include the present chief minister A Revanth Reddy also snooped on the phones of other party leaders, district collectors, and revenue officials on the instructions of A Prabhakar Rao, IPS former chief of the special intelligence branch.

After the declaration of the results of the Assembly Elections on December 3 last year, the former SIB chief held a meeting with a team of 6 police officers which included Praneet Rao, the Inspector of Police and the petitioner conspired to wipe out all the crucial evidence from the hard disks in SIB office burning them.

The FSL has retrieved 348 GB data from the cell phone of the petitioner which clearly shows that he not only intercepted the cell phones of Congress party leaders but the cell phones of the former BJP MLA Etala Rajender, and his gunmen and this information was utilised to ensure that the BRS party won in Huzurabad by-election.

While explaining the severity of the case, the public prosecutor informed the court that after the entire crucial data was burnt and erased, the new incumbent who took charge of the SIB received information from different service providers viz., Vodafone, Jio and BSNL which said that in a span of 15 days between November 15 and 30, around 4,200 mobile phone calls were intercepted by this team of police officers.

The Special Intelligence Branch intercepts the phones of the Maoists and terrorists for the safety and security of the country but the group of 6 police officers under the supervision of former SIB chief A Prabhakar Rao, resorted to illegal phone tapping of the then opposition party leaders (Congress party leaders), BJP MLAs and others, only with an intent to ensure the victory of BRS party in the 2023 Assembly Elections.

Additionally, such an action of the police officers is in violation of Section 5(2) of the Indian Telegraph Act, which clearly says that phones should be tapped only in emergent situations or in the interest of public safety, that too after the approval of an authorised designated officer in the State Government viz., Home Secretary.

In this case, the police officers tapped the phones of the opposition party leaders and others, without obtaining any permission from the competent authority, that too for the victory of the BRS party in the 2023 Assembly Elections.

Further, the public prosecutor Palle Nageshwar Rao, while opposing the bail petition of Mekala Tirupathanna, said that the petitioner was part of the team which conspired to tap the phones illegally.

Further, a chargesheet was filed in this case and the Police intends to file a supplementary chargesheet. Out of the 6 accused police officers, Accused No 1 A Prabhakar Rao, former SIB chief resigned from the job on December 4, 2023, immediately after the election results were declared and fled the country apprehending legal action.

Aruvela Shravan Kumar Rao (A6) TV reporter is also absconding.

V Surender Rao, Senior Counsel appearing for the petitioner Mekala Tirupathanna informed the Court that the petitioner is a part of the team named ‘United Front Teams’ created in the SIB and was carrying out the duty as entrusted to him.

The Call Data Records furnished to the Court by the PP is not the subject matter of the chargesheet and nowhere in the chargesheet, the petitioner has committed any offence and he was only monitoring the calls.

The Investigating Officer has filed a chargesheet and intends to file a supplementary chargesheet in the court, which shows that the investigation is not yet complete.

The petitioner tracked and intercepted the mobile phones of congress party leaders and others only on the instructions of Inspector Praneet Rao, which is his duty.

Absolutely, there is no allegation against the petitioner Mekala Tirupathanna which says that he has committed a crime whereas he was only abiding by the instructions of his immediate superior officer Praneet Rao, contended the senior counsel.

The Senior counsel sought a direction to grant Bail to the petitioner on the ground that the statements of the witnesses have been recorded. The entire material evidence, which is retrieved by the FSL, is in safe custody and there is no possibility of tampering of such evidence by the petitioner.

The contention of the Public Prosecutor is that the Investigating Team intends to file a supplementary chargesheet itself that says the investigation is incomplete and on the ground of prolonged investigation and other grounds cited, the petitioner is entitled to bail.

Justice Juvvadi Sridevi was hearing a Criminal Petition in the High Court seeking a direction to release on bail, among the 6 accused in the Phone Tapping Case, Mekala Tirupathanna is Accused No 4.

Other accused are D. Prabhakar Rao IPS (Retd) Accused No 1, Dugyala Praneeth Rao, DSP (A2), Nayini Bhujanga Rao, Addl. SP (A3), P Radha Kishan Rao, DCP (Retd) (A5) and Aruvela Shravan Kumar Rao (A6) TV reporter.

The court reserved the orders.