- 1 - HC-KAR NC: 2025:KHC:32555 WP No. 24658 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24658 OF 2025 (GM-POLICE) BETWEEN: SMT. CHANDRAKALA W/O P.N. KRISHNAMURTHY, AGED ABOUT 42 YEARS, RESIDING AT NO.32, OFFICERS MODEL COLONY, PRASHANTH NAGAR, T. DASARAHALLI, BENGALURU - 560 073. …PETITIONER (BY SRI. SATHVIK M., ADVOCATE FOR SRI. SARAVANA S.,ADVOCATE) AND: THE STATE OF KARNATAKA BY PEENYA POLICE STATION, REPT. BY ITS STATION Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32555 WP No. 24658 of 2025 HOUSE OFFICER, BENGALURU-560 058. …RESPONDENT (BY SMT.K.P. YASHODHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT POLICE TO RETURN THE ORIGINAL DOCUMENTS PERTAINING TO SY.NO.163/2 MEASURING TO AN EXTENT OF 16 GUNTAS OF LAND INCLUDING 1 GUNTA OF KHARAB SITUATED AT DODDABIDARAKALLU VILLAG, YASHAWANTHAPURA HOBLI, BENGLAURU NORTH TALUK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:32555 WP No. 24658 of 2025 ORAL ORDER The petitioner is subject of an investigation into the allegation of impersonation to bring about certain survey records. This Court, by order dated 31.10.2023 in the writ petition in WP No.41689/2019, while considering the request for quashing the FIR in Crime No.118/2019, has observed thus: "In that view of the matter, this petition is disposed of directing the respondent No.1 to specifically restrict the investigation to check whether the survey records brought about by the petitioners on 18.08.2018 in the name of the father of respondent No.2 was by impersonating him or not. If the respondent No.1 finds that the father of the respondent No.2 was impersonated in preparing the survey sketch, he shall take suitable action against the petitioners." 2. Sri Sathvik M, the learned counsel for the petitioner, submits that despite the investigation - 4 - HC-KAR NC: 2025:KHC:32555 WP No. 24658 of 2025 being so confined, the respondent police have not returned the original of the Sale Deed dated 27.05.2017, and the learned counsel emphasizes that the Sale Deed is in context of a settlement in O.S. No.1352/2004. 3. Smt K P Yashodha, a learned Additional Government Advocate, who is called upon to accept notice for the respondent-Police, submits that as part of the investigation papers, the original of the Sale Deed dated 27.05.2017 is already made over to the learned Magistrate and therefore the respondent cannot hand over the documents. The learned Additional Government Advocate emphasizes that the petitioner can always make an application under Section 497 of Bharatiya Nagarik Suraksha Sanhitha [BNSS] and the concerned Court will consider the efficacy of returning the custody of the original document to the petitioner in the light of the grounds that the petitioner places on record. This Court finds - 5 - HC-KAR NC: 2025:KHC:32555 WP No. 24658 of 2025 considerable force in these submissions, and therefore, the petition stands disposed of with such liberty to the petitioner, but subject to all just exceptions. SD/- (B M SHYAM PRASAD) JUDGE AN/-