CRMAB-28-2026 Andreza IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISC.APPLICATION (BAIL) NO. 28 OF 2026 Francisco Fernandes … Applicant Versus The State of Goa thr the Police Inspector & anr. ...Respondents Mr. Sahil Sardessai, Advocate with Ms. Sweta Pereira, Advocate for Applicant. Mr. S. Karpe, Additional Public Prosecutor with Ms. Riddhi Shirodkar, Advocate for Respondents-State. CORAM : S. G. CHAPALGAONKAR, J. DATE : 25th AUGUST 2026 ORDER 1. The Applicant seeks pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (‘BNSS’) in relation with Crime No. 33 of 2026, dated 06.06.2026 and registered before the Fatorda Police Station, South Goa, Margao, for offences punishable under Sections 229(1), 233, 319(2), 336(3) and 340 read with Section 61(2) of BNSS. 2. The investigation was set on motion on the basis of the information given by one Royson Da Costa and Mrs. Gayle Diniz, alleging that in September 2024, informants checked the Record of Rights 25th August 2026 2026:BHC-GOA:1729 CRMAB-28-2026 of three properties of Survey Nos. 129/3, 129/8 and 129/9 of Village Colva, Salcete, Taluka, on which they learnt that Dyllan Robin Diniz and Melissa Aida Fernandes, had mutated their names in the column of occupants in Record of Rights behind back of the informant. On inquiry with the office of the Mamlatdar as regards to aforesaid mutation, it was revealed that the mutations were purportedly signed by Mr. Dyllan Robin Diniz and also filed affidavits purportedly sworn by him in Margao, in each of the said three mutation cases. Each of the mutation applications and supporting affidavits, were filed between 05.07.2024 to 16.08.2024. It is accordingly revealed that the Accused No. 1 and Accused No. 2, presently residing in United Kingdom (UK), submitted mutation applications containing forged signatures to include their names in Land Records at the Office of Mamlatdar, Margao. The Accused No.4 and Accused No. 5 unlawfully notarised false affidavits and supporting annexures certifying physical presence of Accused No. 1. 3. In pursuance to the aforesaid complaint, Crime no. 33 of 2026 came to be registered with Fatorda Police Station for all above referred offences. 4. It is contention of the Applicant that on 17.06.2026, when police personnel visited the Applicant's residence to serve a notice under Section 35 of the BNSS, the Applicant has immediately filed 25th August 2026 CRMAB-28-2026 Anticipatory Bail Application No. 63 of 2026 before Additional Sessions Judge-I, South Goa, which came to be rejected vide Order dated 17.07.2026. Hence this application. 5. Mr. Sahil Sardessai, learned Advocate appearing for Applicant, would submit that Applicant resides in UK in pursuance of his employment. He has been falsely implicated in the aforesaid crime. There is partition dispute amongst the family of the Applicant and informant. The only allegation employed against the Applicant is that Applicant applied on 18.03.2024 for previous mutation records of Survey No. 129/3 and 129/8 at Office of Mamlatdar showing Melissa’s address as owner and approached Mrs. Savita Kurtarkar to notarise certain annexures to mutation. There are no allegations of forging any signatures or sworn any false affidavits of impersonating anyone. The Applicant’s passport records immigration stamp of departure from India dated 18.06.2024 and entry to Ireland on 19.06.2024. He returned to India on 29.11.2024. It is therefore evident that the Applicant was outside India from 18.06.2024 to 29.11.2024. As such, the Applicant cannot be held liable for preparing false affidavits pursuant thereto. 6. Per contra, Mr. S. Karpe, learned Additional Public Prosecutor, vehemently opposed this application. Contending that grant of bail to 25th August 2026 CRMAB-28-2026 Applicant would hamper ongoing investigation. Custodial interrogation of the Applicant is essential to ascertain the identity of the person who impersonated and appeared before the Notary as well as to effect recovery of the forged documents allegedly prepared by Applicant. 7. On perusal of the document tendered into service it reveals that contents of FIR itself demonstrates dispute between the family of Applicant’s wife and her brothers. Applicant is brother-in-law of Accused No. 2. The allegation against the Applicant is that he obtained certified copies relating to previous mutations and used those documents in the mutation application filed in the name of Applicant No. 1. From these allegations, prima facie, no case for alleged offences can be made out against the Applicant. The entire case is based on documentary evidence. Custodial interrogation of the Applicant would not, in any manner, facilitate the effective investigation. The presence of the Applicant can be secured for collecting information without arrest. There are no criminal antecedents to discredit Applicant. In that view of the matter, case is made out to grant pre-arrest bail. Hence, following Order : (a) In the event of arrest of Applicant in connection with C.R. No.33 of 2026 registered with Fatorda Police Station, South Goa, Margao, the Applicant is directed to be released on bail on furnishing P. R. Bond in the sum of Rs.50,000/- with one or two solvent sureties in the like amount to the satisfaction of Police Inspector of concerned Police Station. Page 4 of 5 25th August 2026 CRMAB-28-2026 (b) The Applicant shall attend concerned Police Station as and when called till filing of chargesheet and shall cooperate with the investigation. (c) Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner. (f) In case, the Applicant violates the terms and conditions of bail, including the undertaking, it would be open to the prosecution to seek cancellation of bail. 8. The Anticipatory Bail Application is disposed of accordingly. S. G. CHAPALGAONKAR, J. 25th August 2026 Signed by: ANDREZA PEREIRA Designation: Senior Private Secretary to the Hon'ble Judge Date: 27/08/2026 16:13:16