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2026 Supreme(Online)(SC) 909

SUPREME COURT OF INDIA
Prabhakar Rao – Appellant
Versus
State of Telangana – Respondent
CRIMINAL APPEAL NO. OF 2026 | Special Leave Petition (Crl.) No.7354 of 2025



Advocates:
For the Appellants/Petitioners: Dama Seshadri Naidu
For the Respondents: Solicitor General, Luthra

Interim protection from arrest may be converted into absolute anticipatory bail if the accused demonstrates substantial cooperation with the investigation, including surrendering for custodial interrogation and providing technical assistance for data recovery.

Headnote:The matter pertains to a criminal appeal where the appellant sought the regularization of interim protection from coercive action. The court noted that the appellant had cooperated with the investigation, including surrendering for custodial interrogation and assisting in the recovery of digital data from formatted devices, and that the investigation was nearing conclusion with an additional chargesheet expected soon. The primary issue was whether the interim protection granted to the appellant should be made absolute given his cooperation with the investigating agency. The court observed that the appellant had complied with prior directions, although the State had previously raised concerns regarding the formatting of digital devices and the need for custodial interrogation to retrieve iCloud/Cloud backups. The appeal is allowed, and the interim protection is made absolute, directing that the appellant be released on bail upon arrest subject to specific conditions including a cash security of Rs.25,000, surrender of passport, and continued cooperation with the trial.

Table of Content
1. assessment of accused's cooperation with the investigation for relief. (Para 1 , 2 , 3 , 4)
2. preservation of legal questions while granting interim relief. (Para 5 , 6)
3. impact of custodial interrogation and digital forensic cooperation on bail. (Para 7)
4. conditions for granting absolute anticipatory bail. (Para 8)

O R D E R

Leave granted.

2. We have heard learned senior counsel for the appellant and learned senior counsel for the respondent-State.

3. During the course of their submissions, it has been brought to our notice that firstly, the appellant has been cooperating with the investigation and that the investigation is almost concluded and possibly in the next few weeks additional chargesheet may also be filed, inter alia, against the appellant herein.

4. In response to this submission, learned senior counsel for the appellant submitted that the petitioner has complied with the orders of this Court; that he has also received interim protection during the pendency of this appeal before this Court. Therefore, in the facts and circumstances of this case, the interim protection may be made absolute and the appeal may be disposed accordingly.

5. Learned senior counsel appearing for the respondent-State submitted that in case this Court is inclined to accept the submission of the appellant, then, all questions of law which arise in this appeal may be kept open for which learned senior counsel for the appellant has no objection.

6. In the circumstances, by keeping all the questions of law open, we dispose of this appeal by making absolute the interim protection which was granted to the appellant herein initially by order dated 29.05.2025 and thereafter by subsequent orders which are extracted as under.

7. For ease of reference, we also extract the relevant orders under which we had directed the appellant to cooperate with the respondent-State in the investigation of the matter by which the appellant herein had surrendered and was taken into custody for two weeks and custodial interrogation also took place in the instant case.

1) Order dated 29.05.2025:

We have heard learned senior counsel for the petitioner and learned Solicitor General and learned senior counsel for the respondent(s).

Pending consideration of this Special Leave Petition, we direct the petitioner to appear before the concerned Investigating Authority/ Officer. For that purpose, the Passport/travel document(s) for travel only to India shall be made available to the petitioner by the Chief Passport Officer/Competent Authority so that he could appear before the concerned Investigating Authority/Officer within a period of three days on receipt of the Passport/travel document(s) to India.

Till the next date of hearing, no coercive steps shall be taken as against the petitioner.

The concerned Investigating Authority/Officer shall investigate the petitioner herein. The Investigating Authority/Officer shall submit Status Report of the investigation conducted, before this Court by the next date of hearing.

The petitioner shall also file an affidavit of undertaking within a week before this Court that within three days from the date of receipt of the Passport/travel document(s) only to India, he would return to India and appear before the concerned Investigating Authority/Officer.

It is needless to observe that the concerned Investigating Authority/Officer shall investigate into the offences alleged against the petitioner herein in accordance with law. The petitioner shall however cooperate with the investigation.

The issue regarding maintainability of the plea for anticipatory bail is left open to be considered at a later stage.

List on 05.08.2025.

2) Order dated 14.10.2025:

We have heard learned Solicitor General and learned senior counsel appearing for the respondent/State who has filed I.A.No.237540/2025 seeking the following reliefs -

“A. Issue Direction(s)/order(s) vacating the interim order dated 29.05.2025 as extended until date forthwith due

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