This petition is filed under Section 439 of Cr.P.C., seeking

regular bail of the petitioner/accused No.1 in Crime No.105/2021

of BIAL Police Station, Bengaluru City, for the offences

punishable under Sections 465, 468, 471 of IPC and 12(1(A)(b))

of Passport Act and Section 14(B) of the Foreigners Act, 1946.

2.

Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent-State.

3.

The factual matrix of the case of the prosecution

against this petitioner is that on 24.09.2021 night at 8:00 p.m,

this petitioner traveled from Maldives to BIAL. When CW.4

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enquired the petitioner, he revealed that he is a nationale of

Bangladesh and his name is Ismail Hussain and he came to India

in 2007 itself and obtained the Aadhaar Card and got the

passport in the name of Ismail Habib Shaikh. Using the passport,

he went along with his wife to Maldives and returned. In spite of

he was a Nationale of Bangladesh, suppressed and National

Unity and obtained the documents. Based on the created

documents obtained the passport. Hence, invoked the offences

punishable under Sections 465, 468, 471 of IPC and Section

12(1(A)(b)) of Passport Act and Section 14(B) of the Foreigners

Act, 1946.

4.

The learned counsel appearing for the petitioner

would submit that this petitioner came to India in 2007 itself and

thereafter obtained the passport and traveled to Maldives along

with his wife and not indulged in any such act of forgery. Based

on the genuine document only, passport was obtained and a

false case has been registered without any proof. The learned

counsel also relied upon order passed by this Court dated

21.08.2019 in Crl.P.No.4054/2019, in the similar circumstances,

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the accused granted bail. In another case in Crl.P.No.6401/2019

dated 29.06.2020, the similar offences are invoked. The learned

counsel also relied upon the order passed by this Court dated

19.05.2020 in Crl.P.No.6578/2019, the similar offences are

invoked and enlarged on bail. Hence, the petitioner may be

enlarged on bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State would submit that

suppressed the Nationality of the petitioner and obtained the

Aadhaar Card. Based on that Aadhaar Card, obtained the

passport and traveled from India to Maldives and indulged in

committing an offence of creation of document and violation of

Passport Act as well as Foreigners Act.

6.

Having heard the submissions of the learned counsel

appearing for the petitioner as well as the learned High Court

Government Pleader appearing for the State and on perusal of

the material available on record, the fact reveals that this

petitioner is in India from 2007 and also traveled from India to

Maldives on several occasions. Only based on the voluntary

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statement of the petitioner invoked the offences against the

petitioner and the prosecution also not disputes the fact that the

Aadhaar Card was also obtained and based on the Aadhaar Card

got the Passport. When such being the material available on

record, the allegation is that he is a Foreign Nationale and

suppressed the fact and obtained the Passport fraudulently and

the same is a matter of trial. This petitioner is in custody from

the date of arrest . When such being the material available on

record, the petitioner may be enlarged on bail. This Court on

earlier occasion enlarged the accused, who are similarly placed.

Hence, it is a fit case to exercise the discretion against the

petitioner under Section 439 of Cr.P.C., subject to imposing

certain conditions to protect and safeguard the interest of the

prosecution. Hence, I pass the following:-

ORDER

The

Petition

is

allowed.

Consequently,

the

petitioner/accused No.1 shall be released on bail in Crime

No.105/20212 of BIAL Police Station, Bengaluru City, for the

offences punishable under Sections 465, 468, 471 of IPC and

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12(1(A)(b)) of Passport Act and Section 14(B) of the Foreigners

Ac