Delhi’s Patiala House Court has granted bail to accused Arun Kumar Bereddy, who was arrested for allegedly posting fake and morphed photos and spreading misleading information to tarnish the reputation of Prime Minister Narendra Modi. The court found the arrest unlawful due to inadequate notice before apprehension.
Bail Conditions
Metropolitan Magistrate Akanksha Garg released Arun Kumar Bereddy on a personal bond of Rs 50,000 and imposed certain conditions for his bail. The court also denied the Special Cell of Delhi police’s request for three days of custody. It noted that while a notice was served to the accused, he was not given sufficient time before his arrest on June 18.
“The notice was served at 8:30 pm,” said the Magistrate. “According to the notice under section 41A CrPC, the accused was required to appear before the IO at 09:30 PM on the same day, 18.06.2024. Therefore, the notice under section 41A CrPC was merely a formality and was not complied with in letter and spirit.”
The court emphasized that the accused should have been given ample time to join the investigation but was instead arrested by the Investigating Officer at 10:30 pm. “This is not a case where the accused failed to cooperate with the investigation,” the court asserted.
“Hence, I dismiss the application seeking PC remand of the accused. The arrest of the accused is deemed illegal as proper notice under section 41A CrPC was not served,” stated the court.
Nature of Allegations & Legal Observations
Arun Kumar Bereddy was brought before the court subsequent to his arrest on June 18. He stands accused of posting fake, morphed, and misleading information and photos aimed at defaming Prime Minister Modi and affecting the morale of women in Armed/Central Forces and international relations.
The court noted that the alleged offenses under Sections 294, 469, 499, 500, and 504 of the Indian Penal Code, as well as Section 67 of the Information Technology Act, are bailable. It further noted that the only non-bailable offense cited by the IO is under Section 505(1)(b) of the Indian Penal Code. However, given that the accused’s mobile phone has been seized and the password provided, the court found no need for further custodial interrogation.
In an earlier case in May, the Patiala House Court of Delhi had granted bail to Arun Reddy in a matter involving a deepfake morphed video allegedly linked to Union Home Minister Amit Shah’s ‘Spirit of Congress’ X account. Bail was granted upon furnishing bail bonds of Rs. 50,000/- with one surety of the same amount.
Chief Metropolitan Magistrate Nabila Wali noted that the primary allegation against the applicant or accused, based on which he was arrested, was his role as the ‘Admin’ of a WhatsApp group where the alleged fake video was first posted for circulation. However, there were no accusations that the applicant/accused himself had posted or circulated the video on any platform.
