- 1 - HC-KAR NC: 2026:KHC:29776 WP No. 2808 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 2808 OF 2022 (GM-RES) BETWEEN: G.S.MANJUNATH S/O LATE P SAMPANGIRAMASHASTRY AGED ABOUT 68 YEARS R/AT NO.815, 5TH MAIN ROAD WEST OF CHORD ROAD OPPOSITE A V M SCHOOL MAHALAXMIPURAM BENGALURU NORTH BENGALURU-560 086. …PETITIONER (BY SRI. RAJU BHAT, ADVOCATE) AND: 1. STAE OF KARNATAKA BY MADIVALA POLICE STATION BENGALURU CITY BENGALURU-560068 REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU SOUTH TALUK KHANDAYA BHAVAN, BENGALURU-560 001. 3. TAHSILDAR BENGALURU SOUTH TALUK KHANDAYABHAVAN Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29776 WP No. 2808 of 2022 BENGALURU-560 001. …RESPONDENTS (BY SMT.SOUMYA R, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE Of CRIMINAL PROCEDURE, 1973, PRAYING TO QUASH ORDER DATED 08.01.2020 PASSED BY THE COURT OF LIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-55) BENGALURU CITY IN CRL MISC NO.7578/2019 ARISING OUT OF SPL. C NO.130/2017 IN ATTACHING THE PROPERTY OF THE PETITIONER AND ETC THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Writ petition is filed seeking following reliefs: "a) ISSUE a writ of certiorari or any other writ, direction, order in the nature to quash the order dated 08/01/2020 passed by the Court of LIV Additional City Civil and Sessions Judge (CCH-55), Bengaluru City in Crl.Miscellaneous No. 7578/2019 arising out of Spl.C No. 130/2017 in attaching the property of the petitioner and order dated 31/01/2022 passed by the Court of FTSC-III in Crl. Misc. no. 7578/2019 arising out of Spl.C No.130/2017 in directing the 3rd Respondent to attach the property offered as surety and credit the bond amount in favour of state account, A certified copy of the entire Order sheet is hereby produced as Annexure-A. b) GRANT any other or further relief/s which are deemed fit in the facts and circumstances of the case and in the interest of Justice and equity." - 3 - HC-KAR NC: 2026:KHC:29776 WP No. 2808 of 2022 2. Sri Raju Bhat, learned counsel for petitioner submitted, petitioner is aggrieved by order dated 08.01.2020 passed by LIV Additional City Civil and Sessions Judge, (CCH- 55) Bengaluru, in Criminal Miscellaneous no.7578/2019 to extent of directing attachment of property bearing Sy.no.31/2 measuring 30 guntas situated in Kammanahalli village, Begur-3 Hobli, Bangalore South Taluk, Bangalore. It was submitted, surety affidavit was filed in Spl.CC.no.130/2017 on file of LIV Additional City Civil and Sessions Judge, Bangalore, as per Annexure-E. It was submitted, said surety was filed by one 'GS Manjunath, S/o Sampangirama Shastry', claiming to be absolute owner of Sy.no.31/2, Khata no.1, measuring 30 guntas situated in Kammanahalli village, Begur-3 Hobli, Bangalore South. It was submitted, though name and particulars of property were similar to those of petitioner, photograph affixed indicated that it was by a different person than petitioner and by impersonation. On ground of default, impugned order was passed for attachment of property. 3. It was submitted, under similar circumstances, this Court in WP.no.6140/2021 disposed of on 13.09.2021 had held it is appropriate for Court of first instance, where incident of - 4 - HC-KAR NC: 2026:KHC:29776 WP No. 2808 of 2022 impersonation had taken place to hold enquiry under Section 446 of CrPC and that petitioner had in fact filed application as per Annexure-G, before said Court but same had remained without consideration. Therefore, sought for disposal of writ petition by directing consideration of application by extending interim protection. 4. Learned HCGP for respondents submitted that in case of impersonation, Court before whom incident of impersonation had occurred would be appropriate Court to hold enquiry. 5. Heard learned counsel and perused material on record. 6. From above, it is seen, petitioner is aggrieved by attachment of his property on basis of a surety affidavit filed by some other person by alleged impersonation. An application for enquiry has been filed by petitioner before trial Court as per Annexure-G and same is stated to be pending. This Court in WP no.6140/2021 under similar circumstances directed trial Court to hold enquiry under Section 446 of CrPC. - 5 - HC-KAR NC: 2026:KHC:29776 WP No. 2808 of 2022 7. In view of above, it is found appropriate to pass following: ORDER (i) Petition is disposed of directing trial Court to consider application at Annexure-G after holding enquiry under Section 446 of CrPC. (ii) Petitioner herein is directed to appear before trial Court on 20.07.2026 or on next date of hearing, whichever is later and co-operate for conclusion of summary enquiry. (iii) Trial Court is directed to pass appropriate orders on conclusion of enquiry. (iv) Till passing of orders on said application, interim protection granted by this Court to petitioner herein would continue. Sd/- (RAVI V HOSMANI) JUDGE AV LIST NO.: 1 SL NO.: 55