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NC: 2026:KHC:17522 WP No. 9680 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 9680 OF 2026 (GM-POLICE)

BETWEEN:

ATTICA GOLD PRIVATE LIMITED, LINGARAJPURAM,

BANGALORE - 560 084.

REPRESENTED BY BRANCH MANAGER

SANJANA NEELKANTH KUDTALKAR.

Digitally signed by …PETITIONER SHARADAVANI B (BY SRI.SADDAM R MULLA, ADVOCATE FOR

Location: High Court of Karnataka SRI.MD.TAHIR., ADVOCATE)

AND:

STATE BY RAMAMURTHY NAGAR P.S.,

BANGALORE.

REPRESENTED BY

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NC: 2026:KHC:17522 WP No. 9680 of 2026

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STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT COMPLEX,

OPP. VIDHAN SAUDA, BANGALORE - 560 001.

…RESPONDENT (BY SRI.K.P.YOGANNA, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ONEROUS CONDITION OF PRODUCING GOLD ORNAMENTS IN IMPUGNED NOTICES DATED 13/03/2026 UNDER SECTION 94 OF BNSS AT ANNEXURE C SERIES ISSUED BY RESPONDENT RAMAMURTHY NAGAR POLICE IN CRIME NO.171/2026 FOR THE

OFFENCE UNDER SECTION 304(2) OF BNS AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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NC: 2026:KHC:17522 WP No. 9680 of 2026

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ORAL ORDER

The captioned writ petition is filed by the

petitioner/company calling in question the legality and validity of the impugned notice dated 13.03.2026 issued by the jurisdictional Investigating Officer in exercise of powers conferred under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’). By the said notice, the petitioner/company is called upon to produce certain gold ornaments alleged to be stolen properties in connection with the crime

under investigation.

2. The sum and substance of the grievance urged

by the petitioner is that it is a duly registered company engaged in lawful business activities and, upon receipt of the impugned notice, it has already submitted a detailed reply enclosing all relevant records and transactional documents in its possession. It is contended that despite full cooperation extended

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by the petitioner, the Investigating Officer is insisting upon production of the gold ornaments, which, according to the petitioner, is arbitrary, unwarranted and beyond the scope of lawful investigation. On these grounds, the petitioner seeks interference of this

Court to quash the impugned notice.

3. Heard the learned counsel appearing for the

petitioner and the learned Additional Government Advocate appearing for the respondent–State. Perused

the material placed on record.

4. This Court, upon consideration of the rival

submissions, is required to examine the scope and ambit of the powers vested in the Investigating Officer under the scheme of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 94 of BNSS confers wide powers upon the Investigating Officer to issue written orders to any person in possession of any document or

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thing, including stolen property, requiring its production for the purposes of investigation. The said provision is a statutory recognition of the authority of the Investigating Agency to collect material evidence

necessary for effective investigation.

5. It is a settled principle of criminal

jurisprudence that investigation is the exclusive domain of the police authorities and the Courts ordinarily do not interfere with the process of investigation unless there is a patent lack of jurisdiction or manifest abuse of power. The scheme of BNSS further reinforces this position by empowering the Investigating Officer not only to summon production of documents and articles under Section 94, but also to examine persons acquainted with the facts and circumstances of the case, to interrogate witnesses, and to collect evidence in any form that

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NC: 2026:KHC:17522 WP No. 9680 of

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