- 1 - HC-KAR NC: 2025:KHC:39954 WP No. 30469 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30469 OF 2025 (GM-POLICE) BETWEEN: CANARA BANK RETAIL ASSET HUB KORAMANGALA #702, 1ST FLOOR, 6TH A CROSS, BEHIND BDA COMPLEX, 3RD BLOCK, BANGALORE 560034. REPRESENTED BY ITS AUTHORIZED SIGNATORY:- MANAGER, CANARA BANK, RETAIL ASSET HUB KORAMANGALA #702, 1ST FLOOR, 6TH A CROSS BEHIND BDA COMPLEX, 3RD BLOCK BANGALORE 560034. …PETITIONER (BY SRI. VINAY BHAT.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY POLICE SUB INSPECTOR, DEVARAJEEVANAHALLI POLICE STATION, BANGALORE 560045. 2. STATE OF KARNATAKA BY POLICE INSPECTOR, DEVARAJEEVANAHALLI POLICE STATION, BANGALORE 560045. 3. THE COMMISSIONER OF POLICE BANGALORE CITY 560001. R1 TO R3 ARE REPRESENTED BY AGA/SPP, HIGH COURT OF KARNATAKA AT BANGALORE BENGALURU 560001. …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39954 WP No. 30469 of 2025 (BY SMT. K.P. YASHODHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER AND QUASH THE NOTICE ISSUED BY THE R-1 UNDER SECTION 94 OF THE BHARATIYA NAGARIK SURAKSHA SNAHITA 2023 VIDE ANX-A DTD 26.09.25 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.1 to 3. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ in the nature of certiorari or any other writ or order and quash the notice issued by R1, under section 94 of The Bharatiya Nagarik Suraksha Sanhita, 2023 vide Annexure-A dated 26.09.2025; b) Issue a writ in the nature of mandamus or any other writ or order and direct the R1 to accept the certified copies of the documents submitted the officers petitioner Bank as per Annexure-A. c) To pass any other appropriate orders as may be necessary, till the final disposal of this petition, in the interest of equity and justice. 3. The petitioner sanctioned loans to Hemant Kumar.S and Vishnu.B for purchase of residential properties, who had executed mortgage deeds under the documents in favour - 3 - HC-KAR NC: 2025:KHC:39954 WP No. 30469 of 2025 of the petitioner-bank. One Ms.Mary Hariette had filed a complaint before respondent No.1 alleging that she has been impersonated and sale deed executed in respect of properties, as regards which FIR No.252/2025 for offences under Section 318(4), 319(2), 336(3), 340(2) 336(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 has been registered. 4. Respondent- police on 16.09.2025 issued a notice under Section 94 of the Bharatiya Nyaya Suraksha Sanhita, 2023, calling upon the authorised officers of the petitioner to be personally present before respondent No.1 and produce the copies of the document, subject matter of the aforesaid crime. Again on 26.09.2025, a notice had been issued calling upon the petitioners to produce the original mortgage documents and the documents pertaining to the loans. It is challenging the same, the petitioner is before this Court. 5. When an investigation in respect to impersonation and or fabricated documents is being conducted by the jurisdictional police authorities and the police authorities were to issue notice under Section 94 of BNSS of 2023, it - 4 - HC-KAR NC: 2025:KHC:39954 WP No. 30469 of 2025 is but the duty of the Bank to produce the said original documents before the investigating officer, since the very transaction which has been entered into by the bank is under question and that is being investigated by the investigating officer. The petitioner - bank cannot on the ground that there is a alleged mortgage executed in favour of the petitioner bank as regards with the petitioner bank would be entitled to exercise security interest and initiate proceedings refuse to produce the original documents before the investigating authorities. The same if permitted would amount to obstruction of investigation. 6. In that view of the matter, I do not find any infirmity in the notice which has been issued. Hence, I pass the following: ORDER i. The writ petition is allowed. ii. The Manager of Canara Bank, Retail Asset of Koramangala is directed to be present before the respondent No.1 with all original documents - 5 - HC-KAR NC: 2025:KHC:39954 WP No. 30469 of 2025 pertaining to the transaction as indicated in the notice under Section 94 on 15.10.2025 at 2:30 PM. iii. It is made clear that in the event of the original documents being required to be retained by the Investigating Officer, the Investigating officer will issue necessary receipt for having received and retained any particular document by detailing out the document in such a manner that the same can be identified, as also furnish a copy of the said document with a seal and signature of the investigating officer of having received the original of the certified copy. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 3