Fake Aadhaar, PAN Cards For Illegal Bangladeshi Immigrants Prima Facie Endanger India's Sovereignty: Karnataka High Court

The Karnataka High Court has observed that facilitating fake Aadhaar and PAN cards for illegal immigrants from Bangladesh prima facie amounts to an act endangering the sovereignty, unity and integrity of India under Section 152 of the Bharatiya Nyaya Sanhita (BNS). [2026 LiveLaw (Kar) 276]

The single judge bench of Justice S Vishwajith Shetty thus dismissed the bail plea of Sidul Mandal, a 46-year-old man from Dhaka, accused in the racket.

“…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 makes out a case for the said offence…”, the Court observed in the order.

For context, the aforesaid Section penalises acts endangering the sovereignty, unity, and integrity of India with imprisonment for life.

The petitioner is accused No. 2 in criminal proceedings before the Additional District and Sessions Court at Anekal, arising from a crime registered by the Suryanagar Police Station.

The case was registered based on a raid conducted at a cyber centre called Wow Technology, U.K. on November 30, 2024, where police initially apprehended co-accused Arnab Mandal.

To recap, the Karnataka High Court on June 1 had refused to entertain the plea challenging the arrest of a photocopy shop owner Arnab (A1), similarly accused of being involved in the creation fake Aadhaar and PAN cards for alleged illegal immigrants from Bangladesh.

According to the charge sheet, the petitioner was introducing Bangladeshi citizens to the owner of the cyber centre (A1), who would then create forged documents such as rental agreements and fake seals to enable the immigrants apply for PAN Cards and Aadhaar cards.

The Court noted that the petitioner hails from Bangladesh and it would be difficult to secure his presence for trial if enlarged on bail. It also cited the earlier dismissal of the shop owner's bail application in June 20.

“..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”,  the Court held.

Initially, the police had charged the petitioner under Sections 336(2), 336(3), 340(2) of BNS, the Foreigners Act, and the Indian Passport Act. Now, the Court has taken suo motu cognizance of the crime's implications on national security.

Charges are yet to be framed by the trial court in the matter.

Rejecting the petitioner's argument that he was entitled to bail merely because the investigation was complete and he had been in custody for over 1.5 years, the Court noted as below:

“…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 gravity of the offences alleged against him and there being direct detrimental effect on the security of the nation."

The Court further highlighted that the seized documents indicate the petitioner was preparing to facilitate identity documents for 'many more citizens of Bangladesh', and the whereabouts of those illegal immigrants who have already entered Indian territory remain unknown.

Case Title: Sidul Mandal v. State of Karnataka & Anr.

Case No.: Criminal Petition No. 8790 of 2026

Citation: 2026 LiveLaw (Kar) 276

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