Concocting Fake Aadhaar, PAN Cards For Illegal Bangladeshi Immigrants Prima Facie Endangers India’s Sovereignty: Karnataka High Court

The Court was hearing a regular bail plea filed by an accused charged under provisions of the Bharatiya Nyaya Sanhita, the Foreigners Act and the Indian Passport Act, in connection with the alleged preparation and use of fake documents for illegal immigrants.

A Bench of Justice S. Vishwajith Shetty observed: “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. In the present case, though charge sheet has been filed, charges are yet to be framed by the Trial Court.”

Advocate Abhishek R. Huddar appeared for the petitioner, while HCGP Vinay Mahadevaiah appeared for the State and Advocate Madhu R. appeared for the Union of India.

Background

The prosecution's case was that police raided a cyber centre and recovered several rental agreements and other documents allegedly used for creating fraudulent PAN cards and Aadhaar cards in favour of illegal immigrants from Bangladesh.

The accused seeking bail was alleged to have introduced Bangladeshi citizens to the co-accused, who then allegedly prepared documents using fake letterheads, seals and related material.

The defence argued that the maximum punishment for the offences invoked was seven years, that the accused had no criminal antecedents, that he had already spent more than one and a half years in custody, and that custodial interrogation was unnecessary after the filing of the charge sheet.

The State opposed bail, arguing that the accused had committed anti-national activities, that he hailed from Bangladesh, and that securing his presence for trial would be difficult if he were released.

Court’s Observations

The Court noted that the charge sheet alleged a coordinated process by which Bangladeshi citizens were introduced for obtaining Indian identity documents on the basis of fabricated material.

The Court observed: “The allegation against the petitioner in the charge sheet is that petitioner was introducing the citizens of Bangladesh to accused no.1 and accused no.1 was concocting documents using fake letter head, seals, etc., and on the basis of the said documents, PAN cards and Aadhaar cards were provided to the citizens of Bangladesh who were introduced by the petitioner.”

It further noted the scale of recovery: “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 accused no.1. 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.”

The Court extracted Section 152 BNS, which deals with acts endangering the sovereignty, unity and integrity of India, and held that the material prima facie made out that offence despite its non-invocation in the charge sheet.

The Court stated: “From the overall reading of the entire charge sheet material, it is found that petitioner herein was introducing Bangladesh citizens to accused no.1 for the purpose of providing them PAN cards and Aadhaar cards and accused no.1 was concocting documents for the purpose of obtaining PAN cards and Aadhaar cards in the name of illegal immigrants from Bangladesh.”

Rejecting the argument that filing of the charge sheet favoured release, the Court held that the gravity of the allegations and their effect on national security weighed against bail.

The Court observed: “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 gravity of the offences alleged against him and there being direct detrimental effect on the security of the nation.”

The Court also said the material indicated that many more documents were being prepared for other Bangladeshi citizens.

The Court noted: “The charge sheet would go to show that huge number of documents were recovered from the office of the accused no.1, 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 were introduced by the petitioner herein who have already entered the territory of India.”

The Court accepted the State’s concern that the accused, being a Bangladesh national, may be difficult to secure for trial if released.

The Court remarked: “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.”

Conclusion

The Court dismissed the bail petition, holding that the material collected by the prosecution prima facie showed that it was not safe to enlarge the accused on bail at that stage.

The Court concluded: “Merely for the reason that charge sheet is filed in a case or for the reason 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 go to 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, the petition is dismissed.”

Cause Title: Sidul Mandal v. State of Karnataka (Neutral Citation: 2026:KHC:39308)

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