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2026 DAILYLAW 10610 (KAR)

SRI ALTHAF AHAMED C K v. STATE BY INSPECTOR OF POLICE

CRL.P/13619/2025 · 2026-02-06

S Vishwajith Shetty

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7047 CRL.P No. 13619 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13619 OF 2025 BETWEEN: SRI ALTHAF AHAMED C K S/O S KHALANDAR AGED ABOUT 42 YEARS, R/AT NO. 553/14.15 2nd MAIN 8th CROSS, SHIVAKUMAR SWAMY NAGAR, 1st STAGE, DAVANAGERE, 577 005 DAVANGERE DISTRICT …PETITIONER (BY SRI. V VISWANATH SETTY, ADVOCATE) AND: STATE BY INSPECTOR OF POLICE JIGANI POLICE STATION, ANEKAL REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BUILDING, AMBEDKAR VEEDHI, BANGALORE -560 001 …RESPONDENT (BY SRI. RAJATH SUBRAMANYAM, HCGP) THIS CRL.P IS FILED U/S OF 39 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER i.e., ACCUSED NO.6 ON BAIL IN CR.NO.196/2024, FOR THE OFFENCES P/U/S 420,468,471 OF IPC, U/S 12(1)(B),12(1A)(a)(b),12(2) OF THE PASSPORT ACT, 1967, PENDING BEFORE THE III ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7047 CRL.P No. 13619 of 2025 DISTRICT, SIT AT ANEKAL IN SC.NO.5027/2025 BY ALLOWING THE PETITION. 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.6 in S.C.No.5027/2025 pending before the Court of III Additional District and Sessions Judge, Bangalore Rural District, sitting at Anekal, arising out of Crime No.196/2024 registered by Jigani Police Station for the offences punishable under Sections 420, 468, 471 of IPC and Section 12(1)(B), 12(1A)(a)(b), 12(2) of Passport Act, 1967, is before this Court in this successive bail petition filed under Section 483 of BNSS read with Section 439 of Cr.P.C. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.196/2024 was registered by Jigani Police Station for the aforesaid offences based on the first information dated 29.09.2024 received from one Manjunatha B.S., Police Inspector attached to Jigani Police Station, Anekal Taluk, Bengaluru, against one Rashidh Ali Siddakki @ Shankar Sharma and others. - 3 - HC-KAR NC: 2026:KHC:7047 CRL.P No. 13619 of 2025 4. During the course of investigation, petitioner was arrested on 22.01.2025. After completing investigation, charge sheet is now filed against 11 persons and petitioner is arrayed as accused No.6 in the charge sheet. His bail application filed before the Trial Court was rejected and therefore, he had approached this Court in Crl.P.No.6370/2025, which was dismissed as withdrawn on 02.07.2025. It is under these circumstances, petitioner is before this Court in this successive bail petition. 5. Learned counsel for the petitioner submits that the petitioner is an Indian citizen and he was not aware that accused Nos.1 to 4 and accused Nos.7 to 11 were all Pakistan citizens. He has now married accused No.10. In the other criminal case which was registered against the petitioner with similar allegations, he has been granted bail by the High Court of Madras in Crl.O.P.No.28226/2024. Petitioner is in custody for the last more than one year. Accordingly, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader has seriously opposed the prayer made in the petition. He submits - 4 - HC-KAR NC: 2026:KHC:7047 CRL.P No. 13619 of 2025 that the petitioner has given shelter to Pakistan citizens and his act is a serious threat to the security of the country. After the crime was registered against him, he was absconding and with great difficulty he was arrested subsequently on 22.01.2025. In the event, the petitioner is enlarged on bail, he is likely to flee away from justice. Petitioner has helped Pakistan citizens for obtaining Aadhar Cards and Indian passports based on fraudulent documents. Accordingly, he prays to dismiss the petition. 7. In the first information that was submitted on 29.09.2024 by Manjunath, Police Inspector, Jigani Police Station, Anekal, it is averred that on the said day, he had received information that two persons, who were residents of Anagha Layout, Rajapura Village, within the jurisdiction of Jigani Police Station, were arrested by Chennai Police on the ground that they were having forged passports and during the course of enquiry, the said two persons, who were arrested by Chennai Police, had revealed that their accomplices were residing at Bengaluru within the jurisdiction of Jigani Police Station. It is under these circumstances, the first informant along with other police staff - 5 - HC-KAR NC: 2026:KHC:7047 CRL.P No. 13619 of 2025 had conducted raid to the house of Pakistan citizens who were residing within the jurisdiction of Jigani Police Station and on verification, accused named in the FIR who are Pakistan citizens had Aadhar Cards and also Indian passports and in all the said documents, they had Hindu names. 8. During the course of investigation, subsequently, petitioner was arrested on 22.01.2025. In the charge sheet which is now filed against 11 persons, it is alleged that petitioner along with accused No.5 had helped accused Nos.1 to 4 and accused Nos.7 to 11, who are all from Pakistan for obtaining Aadhar Cards and Indian passports based on fraudulent documents which were forged and furnished by accused Nos.5 and 6. 9. Material on record would go to show that petitioner had traveled with other accused persons even to other countries and subsequently, they all had settled in Bengaluru within the jurisdiction of Jigani Police Station. 10. It is not in dispute that another criminal case has been registered against the petitioner in Tamil Nadu with similar - 6 - HC-KAR NC: 2026:KHC:7047 CRL.P No. 13619 of 2025 allegations. As rightly contended by learned HCGP the act committed by the petitioner herein is of serious concern as the same poses a potential threat to the security of the country. Apprehension expressed by learned HCGP that in the event, the petitioner is enlarged on bail, he is likely to flee away from justice cannot be overruled considering the serious allegations against the petitioner who has conspired with other accused persons who are from Pakistan for the purpose of obtaining Aadhar Cards and Indian passports based on fake and fraudulent documents. Under the circumstances, I am of the opinion that the prayer made in this petition is liable to be rejected. Accordingly, the petition is dismissed. SD/- (S VISHWAJITH SHETTY) JUDGE PKS List No.: 1 Sl No.: 2