Karnataka High Court Grants Bail To Bangladeshi National Accused Of Forging Indian Passport Citing Non-Supply Of Grounds Of Arrest

The Karnataka High Court recently granted bail to a Bangladeshi national accused of forging an Indian passport by using a fake Aadhar Card after noting that the grounds of arrest had not been provided to the petitioner.

The court was hearing the bail plea by a Bangladeshi national accused of offences under Section 319(Cheating by personation), 336(3)(Forgery), 340(Forged document or electronic record and using it as genuine) BNS; Section 12-1A(a)(b) (foreign national obtaining passport by suppressing information of his nationality or holds a forged passport or any travel document) Passport Act and Section 14-A (Penalty for entry in restricted areas, etc) and 14-B (Penalty for using forged passport) of Foreigners Act.

Justice Shivashankar Amrannavar in his order said:

"A perusal of the records indicate that the petitioner has not been furnished the grounds of arrest as contended by the learned counsel for petitioner. As per charge sheet the case of the prosecution is that petitioner is a resident of Bangladesh, crossed border, came to India in the year 2017, created Aadhar card showing the names of C.W.9 and C.W.10 as his parents and obtained Indian passport. Petitioner was caught by Immigration Officer at Mangaluru airport when he intended to travel to Dubai".

The court further noted that petitioner has been in judicial custody since 11.10.2024 and as chargesheet is filed he is not required for custodial interrogation.

It further said that there was no criminal antecedents and since the passport had been seized, the petitioner was not a flight risk. The court thus granted bail to the petitioner subject to furnishing personal bond of Rs.1,00,000 with two solvent sureties of like amount subject to various conditions.

The petitioner's counsel contended that the offences alleged were not punishable either with death or imprisonment for life. The maximum sentence provided for offence alleged against the petitioner is imprisonment which may extend to 8 years. The Petitioner has been in judicial custody since 11.10.2024 and as chargesheet is filed he is not required for custodial interrogation. It was argued that there are no criminal antecedents and though the petitioner was served with notice under Section 35(1) BNSS, he was arrested on the same day without adhering to the terms of the notice.

It was argued that the co-accused have been granted bail. It was further argued that the grounds of arrest were not furnished to the petitioner. Petitioner does not understand Kannada language as he is a citizen of Bangladesh. It was argued that the petitioner undertakes to appear before the trial Court on all dates of hearing and cooperate for speedy disposal of the case. His passport has already been seized and there is no threat of petitioner fleeing the country.

Meanwhile the State contended that the petitioner was arrested by an Immigration Officer at the airport when he was trying to fly to Dubai by creating an Indian passport with a fake Aadhar card. The persons shown as parents of petitioner in the Aadhar card are not his parents as per their statements and petitioner had created Aadhar with the help of other accused persons. If the petitioner is granted bail there are chances of him fleeing the country and not be available for trial.

The plea was allowed.

Case title: MOHAMMED MANIK HUSSAIN @ MOHAMMED MANIK v/s STATE OF KARNATAKA

CRIMINAL PETITION No.7711/2025

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