Non-Supply Of Grounds Of Arrest Vitiates Custody: Karnataka High Court Grants Bail To Bangladeshi National Accused Of Forging Indian Passport
Isabella Mariam
The High Court of Karnataka Single Bench of Justice Shivashankar Amarannavar granted regular bail to a Bangladeshi national accused of securing an Indian passport by allegedly using a fabricated Aadhaar card and related forged documents. The Court allowed the bail plea after noting that the grounds of arrest had not been furnished to the petitioner. According to the prosecution, he entered India, created identity records showing unrelated persons as his parents, obtained an Indian passport on that basis, and was intercepted by immigration authorities at Mangaluru airport while attempting to travel to Dubai. Bail was granted subject to conditions, including execution of a bond, non-interference with witnesses, attendance before the trial court, and periodic reporting to the local police station.
The petitioner, arraigned as the first accused, sought bail in a case registered for offences under Sections 319, 336(3) and 340 of the Bharatiya Nyaya Sanhita, Section 12 read with Section 1A(a)(b) of the Passport Act, and Sections 14-A and 14-B of the Foreigners Act. The prosecution case in the charge sheet was that he is a Bangladeshi resident who crossed the border and came to India in 2017, procured an Aadhaar card showing two persons as his parents, and then obtained an Indian passport on that basis.
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The State contended that he was intercepted by an immigration officer at the airport while attempting to fly to Dubai using the Indian passport and the allegedly fake Aadhaar document and relied on statements that the persons shown as parents were not his parents. The petitioner contended, among other grounds, that he had been served notice under Section 35(1) of the BNSS, that the grounds of arrest were not furnished, and that the charge sheet had been filed.
The Court recorded: “This petition is filed by accused No. 1 under Section 483 of BNSS praying to grant bail… registered for offences punishable under Section 319, 336(3), 340 of BNS and Section 12-1A(a)(b) of Passport Act and Section 14-A and 14-B of Foreigners Act…”
It observed: “Heard learned counsel for petitioner and learned HCGP for respondent – State.” On the contention regarding punishment, the Court noted the submission that “The maximum sentence provided for offence alleged against the petitioner is imprisonment which may extend to 8 years.”
The Court recorded the submission that “Petitioner is in judicial custody since 11.10.2024 and as chargesheet is filed he is not required for custodial interrogation.” It further recorded: “There are no criminal antecedents of the petitioner.”
Regarding arrest, the Court observed: “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.”
On the prosecution case, the Court stated: “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.” It further recorded: “Petitioner was caught by Immigration Officer at Mangaluru airport when he intended to travel to Dubai.”
The Court noted: “Investigation is over and chargesheet has been filed.” It also recorded: “Since the passport of the petitioner has been seized there is no flight risk.” Finally, the Court stated: “Considering all these above aspects the petitioner has made out case for grant bail with conditions.”
The Court directed: “Petition is allowed. Petitioner is granted bail… pending on the file of III Additional District and Sessions Judge, D.K., Mangaluru subject to the following conditions. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two solvent sureties for the likesum to the satisfaction of the trial Court.”
“Petitioner shall not tamper the prosecution witnesses either directly or indirectly. Petitioner shall attend the trial Court on all dates of hearing unless exempted and cooperate for speedy disposal of the case.”
“Petitioner shall attend the jurisdictional Police Station on every Sunday till disposal of the case registered against him. Petitioner shall not commit any offence. If the petitioner is found involved in commission of any offence the prosecution is at liberty to seek cancellation of bail granted to him.”
Advocates Representing the Parties
For the Petitioner: Sri Lethif B, Advocate
For the Respondent: Sri M R Patil, High Court Government Pleader
Case Title: Mohammed Manik Hussain @ Mohammed Manik v. State of Karnataka
Case Number: Criminal Petition No.7711/2025
Bench: Justice Shivashankar Amarannavar
