Sidul Mandal vs State Of Karnataka

-1- HC-KAR NC: 2026:KHC:39308 CRL.P No. 8790 of 2026

CNR: KAHC010414052026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8790 OF 2026 BETWEEN:

SIDUL MANDAL S/O ABDUL EBHABUR AGED ABOUT 46 YEARS R/AT. C/O. VENKATARAMANA BUILDING, YELLAMMANAGARA BOMMASANDRA, ANEKAL TALUK PERMANENT ADDRESS BADAL GRAM, DAM SON UNION SHAWAR POST OFFICE, DHAKA BANGLADESH. ...PETITIONER (BY SRI ABHISHEK R HUDDAR, ADV.) AND:

1. STATE OF KARNATAKA BY SURYANAGAR POLICE STATION REP. BY SPP OFFICE, HIGH COURT OF Digitally signed by KARNATAKA, BENGALURU - 560 001. NANDINI M S Location: 2. UNION OF INDIA HIGH COURT MINISTRY OF HOME AFFAIRS OF KARNATAKA (SECRETARY) KARTHVYA BHAVAN-1 REP. BY SECRETARY NEW DELHI - 110 001. ...RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; SRI MADHU R, ADV., FOR R-2)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH SC NO.5040/2024 (ARISING OUT OF CRIME NO.0500/2024) -2- HC-KAR NC: 2026:KHC:39308 CRL.P No. 8790 of 2026

CNR: KAHC010414052026

REGISTERED BY THE SURYANAGAR POLICE STATION PENDING TRIAL BEFORE THE HONBLE III ADDL.DISTRICT AND SESSIONS JUDGE, ANEKAL.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused no.2 in S.C.No.5040/2025 pending before the

Court of III Addl. District & Sessions Judge, Bengaluru Rural

District (sitting at Anekal), arising out of 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, and Sections 14, 14(A) of Foreigners Act and

Section 12(1)(A)(a)(b) of Indian Passport Act, is before this

Court in this petition under Section 483 of BNSS, 2023, seeking

regular bail.

2. Heard the learned Counsel for the parties.

3. 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, -3- HC-KAR NC: 2026:KHC:39308 CRL.P No. 8790 of 2026

CNR: KAHC010414052026

2023 and Sections 34, 36, 35 of Aadhaar (Targeted Delivery of

Financial and other Subsidies, Benefits and Services) Act, 2016,

against Arnab Mandal based on the first information dated

30.11.2024 received from B.K.Mohan Kumar - Police Officer

attached to Suryanagar Police Station, Bengaluru District.

During the course of investigation of the case, petitioner herein

was arrested on 22.11.2024, 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 S.C.No.5040/2025 was

rejected on 15.05.2026. Therefore, he is before this Court.

4. 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 1 1/2

years. Since investigation is already completed and charge

sheet is filed, his custodial interrogation may not be necessary.

Accordingly, he prays to allow the petition. -4-

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5. Per contra, learned HCGP has seriously opposed the

petition. He submits that petitioner has committed anti-national

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 Dhaka in Bangladesh

and in the event he is enlarged on bail, it would be difficult to

secure his presence. Accordingly, he prays to dismiss the

petition.

6. 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 accused no.1 -

Arnab Mandal who was found in the Cyber Centre and had

recovered large number of rental agreements and other

documents which were used by him for the purpose of creating

fraudulent PAN cards and Aadhaar Cards in favour of illegal

immigrants from Bangladesh, introduced by the petitioner

herein. Petitioner was subsequently apprehended by the police

and produced before the Court and was remanded to judicial -5- HC-KAR NC: 2026:KHC:39308 CRL.P No. 8790 of 2026

CNR: KAHC010414052026

custody. After completing the investigation, charge sheet has

been filed against accused no.1 - Arnab Mandal and the

petitioner herein who are Bangladesh citizens.

7. 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.

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.

8. 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 -6- HC-KAR NC: 2026:KHC:39308 CRL.P No. 8790 of 2026

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was concocting documents for the purpose of obtaining PAN

cards and Aadhaar cards in the name of illegal immigrants from

Bangladesh.

9. Section 152 of BNS, 2023, which is introduced in place of

Section 124A of IPC, reads as under:

"152. Acts endangering sovereignty unity and integrity of India Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible 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.

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 -7- HC-KAR NC: 2026:KHC:39308 CRL.P No. 8790 of 2026

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section do not constitute an offence under this section."

10. 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.

11. 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.

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12. 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.

13. Petitioner herein 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

would go to show that petitioner has assisted and abetted

accused no.1 to commit the alleged offences, and therefore,

the alleged act of the accused would attract Sections 13 &

14(C) of the Foreigners Act. Bail application filed by accused

no.1 in Crl.P.No.5554/2025 has been dismissed by this Court

vide order dated 20.06.2025.

14. The material on record prima facie would go to show that

petitioner herein was indulged in the act of introducing illegal

immigrants from Bangladesh to accused no.1 for providing fake -9- HC-KAR NC: 2026:KHC:39308 CRL.P No. 8790 of 2026

CNR: KAHC010414052026

PAN cards and Aadhaar cards to the said illegal immigrants.

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.

15. Petitioner hails from Bangladesh 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 herein had abetted accused

no.1 for making arrangements to apply for PAN cards and

Aadhaar cards on the basis of the fake documents in favour of

illegal immigrants of Bangladesh and the same clearly points

out the gravity of the crime committed by the petitioner herein.

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

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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.

Sd/-

(S VISHWAJITH SHETTY) JUDGE

KK