IMPORTANT POINT
The main legal point established in the judgment is that the rejection of remand must be based on a proper understanding of the law, including the provisions of Sec. 41 Cr.P.C. and the guidelines laid down in Arnesh Kumar Vs. State of Bihar.

JUDGMENT

1. Assailing the order that is rendered by the learned I Additional Special Judge for SPE and ACB Cases, Hyderabad, dtd. 27/10/2022, in Crime No.455 of 2022 of Moinabad Police Station, by which the request of the Assistant Commissioner of Police, Cyberabad Commissionerate to remand the respondents-accused Nos.1 to 3 to judicial custody was rejected, the State is before this Court.

2. Heard. Gave due and anxious consideration to the submissions made by Sri B.S.Prasad, learned Advocate General appearing for the petitioner-State, Sri Vedula Srinivas, learned senior counsel representing the respondents as well as Sri Rama Rao Emmaneni, Advocate, who supplemented the submission made by the learned counsel for the respondents.

3. The matrix of the case, sans unnecessary details, as could be perceived through the material available on record, is that on 26/10/2022, around 11.30 am, a Member of Telangana State Legislative Assembly by name Pilot Rohit Reddy lodged a complaint at Rajendranagar Police Station stating that on 26/9/2022, respondent Nos.1 and 2 met him and negotiated with him requesting him not to contest as candidate from the party he belongs and to join another party. For doing so, they offered him an amount of Rs.100.00 crores, Central Government civil contract works and other high Central Government posts. He was also threatened that in case, he fails to join, criminal cases would be booked and raids would be conducted by E.D/C.B.I. Since the said inducement of bribe was unethical, undemocratic and encouraging corruption, he decided not to entertain such unethical practises. On 26/10/2022, respondent Nos.1 and 2 again contacted him and informed him that they are coming to his farm house for negotiations. They requested to mobilise some other M.L.As. They also informed that they along with respondent No.3 would come to his farm house to finalise the deal. By stating so, the defacto complainant made a request to police to take necessary legal action against those persons.

4. On receipt of such complaint, a case was registered in Crime No.455 of 2022 of Moinabad Police Station and investigation was taken up. The First Information Report was despatched to the Court concerned and the statement of the defacto complainant was recorded. Mediators and electronic spy gadgets were secured. The electronic spy gadgets were arranged inside the hall at the farm house of the defacto complainant where the meeting was proposed to be held. The defacto complainant was explained to give a signal by saying "nariyal pani layeye" through his servant after the meeting is over. Besides electronic spy gadgets, two voice recorders were handed over to the defacto complainant. The defacto complainant placed one voice recorder in his left side pocket of kurtha and another in his right side pocket of kurtha. Thereafter, the defacto complainant left the farm house to receive the respondentsaccused. The Assistant Commissioner of Police, Cyberabad Commissionerate, his supporting staff and the mediators took vantage positions to watch the happenings. The electronic gadgets were switched on.

5. The defacto complainant came back at about 15.10 hours along with the respondents-accused Nos.1 to 3. They all went into the hall and sat at the proposed meeting place. While the meeting was going on, Sri Guvvala Balraj, M.L.A., Achampet, Sri B.Harshavardhan Reddy, M.L.A., Kollapur and Sri Rega Kantha Rao, M.L.A., Pinapaka, came to the scene of offence and joined the meeting. The meeting lasted for about 3 1/2 hours. On completion of the meeting, the defacto complainant sent his servant by saying "nariyal pani layeye". Immediately, on receipt of the pre-arranged signal, the Assistant Commissioner of Police, Cyberabad Commissionerate along with others, who were watching from vantage positions, entered into the hall. The Assistant Commissioner of Police introduced himself and the mediators to the persons present in the hall. On enquiry, the respondents-accused