Arnab Mandal Vs State by

ARNAB MANDAL S/O KUSHAL MANDAL AGED ABOUT 27 YEARS R/AT KRISHNAPPA BUILDING ILALIGE VILLAGE, ATTIBELE VILLAGE, AEKAL TALUK BENGALURU, PINCODE - 562 107.

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…PETITIONER

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(BY SRI RANGANATH REDDY R, ADV.)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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STATE BY SURYANAGAR POLICE STATION BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA PIN - 560 001.

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SRI B K MOHANKUMAR DYSP, ANEKAL SUB DIVISION ATTIBELE HOBLI ANEKAL TALUK BENGALURU - 562 107.

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…RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN CR NO.500/2024 REGISTERED BY SURYANAGAR POLICE STATION REGISTERED IN 3RD ADDL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT SIT AT ANEKAL, WHICH IS NOW COMMITTED AND PENDING AS CC NO.885/2025 SURYA NAGAR POLICE FOR THE O/U/S 336(2), 336(3), 340(2) OF BNSS R/W 34,

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NC: 2025:KHC:21529 CRL.P No. 5554 of 2025

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35, 36 OF AADHAR ACT 2016, SECTION 14, 14A OF FOREIGNERS ACT AND SECTION 12(1)(A)(a)(b) INDIAN PASSPORT ACT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused no.1 in Crime No.500/2024 registered by Suryanagar Police Station, Bengaluru District, for the offences punishable under Sections 336(2), 336(3), 340(2) of BNS, 2023, Sections 34, 35, 36 of Aadhaar Act, 2016 and Section 14, 14(A) of Foreigners Act and Section 12(1)(A)(a)(b) of Indian Passport Act, is before this Court under Section 483 of BNSS, 2023, seeking regular bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.500/2024 was registered by Suryanagar Police Station, Bengaluru District, initially for the offences punishable under Sections 336(2), 336(3), 340(2) of BNS, 2023 and Sections 34, 36, 35 of Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, against the petitioner based on the first information dated 22.11.2024 received from B.K.Mohan Kumar - Police Officer

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attached to Suryanagar Police Station, Bengaluru District. During the course of investigation of the case, petitioner herein was arrested on 23.11.2024, and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against two persons for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.5034/2024 was rejected on 14.02.2025. Therefore, he is before this Court.

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Learned Counsel for the petitioner submits that the maximum punishment for the alleged offences is imprisonment for a period of seven years. Petitioner has no criminal antecedents. He is in custody for the last more than six months. Since investigation is already completed, his custodial interrogation may not be necessary. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has seriously opposed the petition. She submits that petitioner has committed antinational activities, and therefore, it is not safe to enlarge him on bail. Merely for the reason that charge sheet is filed, accused cannot be enlarged on bail. Petitioner hails from West

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Bengal and in the event he is enlarged on bail, it would be difficult to secure his presence. Accordingly, she prays to dismiss the petition.

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First information was submitted by B.K.Mohan Kumar - Police Officer attached to Suryanagar Police Station, Bengaluru District, alleging that based on the credible information received he had conducted a raid to a Cyber Centre known as Wow Technology, U.K., and had apprehended the petitioner who was found in the Cyber Centre and had recovered large number of rental agreements and other documents which were used by the petitioner for the purpose of creating fraudulent PAN cards and Aadhaar Cards in favour of illegal immigrants from Bangladesh. The petitioner herein was subsequently produced before the court and remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner and another who is a Bangladesh citizen.

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The allegation against the petitioner in the charge sheet is that petitioner was concocting document using fake letter head, seals, etc., and on the basis of the said documents, he was providing PAN cards and Aadhaar cards to citizens of

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Bangladesh who were introduced to him by accused no.2. During the course of investigation, huge number of rental agreements, fake seals, Aadhaar card applications in the name of different persons were recovered from the office of the petitioner. In addition to the same, huge number of applications for the purpose of applying for PAN card and Aadhaar card which stood in different names were also recovered.

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From the overall reading of the entire charge sheet material, it is found that petitioner was providing PAN cards and Aadhaar cards to Bangladesh citizens who were introduced to him by accused no.2 who is a Bangladesh citizen and the petitioner was concocting documents for the purpose of obtaining PAN cards and Aadhaar cards in the name of illegal immigrants from Bangladesh.

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Section 152 of BNS, 2023, which is introduced in place of Section 124A of IPC, reads as under:

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" 152. Acts endangering sovereignty unity and integrity of India

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Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible

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representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.

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Explanation.- Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section."

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The act committed by the petitioner as found in the charge sheet has the effect of endangering the sovereignty, unity and integrity of India and the said act is punishable with imprisonment for life under Section 152 of BNS, 2023. However, the Investigation Officer has prima facie erred in not invoking Section 152 of BNS, 2023, in the present case against the petitioner though the charge sheet material prima facie

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makes out a case for the said offence. In the present case, though charge sheet has been filed, charges are yet to be framed by the Trial Court.

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Under the circumstances, merely for the reason that investigation of the case is completed and charge sheet has been filed, the petitioner cannot be enlarged on bail, more so considering the serious nature of offences alleged against him and there being direct detrimental effect on the security of the nation.

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The charge sheet would go to show that huge number of documents were recovered from the office of the petitioner, which prima facie go to show that he was making preparations to apply for PAN cards and Aadhaar cards in the name of many more citizens of Bangladesh which makes it apparent that large number of illegal immigrants have already entered the territory of India.

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Accused no.2 who is a Bangladesh national has been charge sheeted for the offences punishable under the provisions of the Foreigners Act and the charge sheet material

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would go to show that petitioner has assisted and abetted him to commit the alleged offences, and therefore, the alleged act of the petitioner would attract Sections 13 & 14(C) of the Foreigners Act.

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The material on record prima facie would go to show that petitioner was indulged in providing fake PAN cards and Aadhaar cards to the illegal immigrants from Bangladesh who were introduced to him by accused no.2. The whereabouts of the said illegal immigrants who entered India is not yet known. From the activities of the petitioner, it is apparent that he has indulged in activities endangering the sovereignty of the nation and in the event he is enlarged on bail, it cannot be ruled out that he may indulge in committing similar offences in future.

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Petitioner hails from West Bengal State and as rightly contended by the learned HCGP, it would be difficult to secure his presence for the purpose of trial. The seized documents would clearly go to show that petitioner had made arrangements to apply for PAN cards and Aadhaar cards on the basis of the fake documents and the same clearly points out at the gravity of the crime committed by the petitioner. Merely for

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the reason that charge sheet is filed in a case or for the reason

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that the alleged offences are punishable with imprisonment for a period of seven years, accused cannot be released on bail. The material collected by the prosecution would prima facie show that it is not safe to enlarge the accused on bail. Under the circumstances, I am of the opinion that at this stage petitioner's prayer for grant of regular bail, cannot be entertained. Accordingly, petition is dismissed.

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Sd /- (S VISHWAJITH SHETTY) JUDGE

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KK

Arnab Mandal v. State by

Case brief

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Arnab Mandal v. State by

Case brief

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