SMT BUPENDRAJEET KAUR GURU DEEPSINGH v. THE STATE OF KARNATAKA
WPHC/45/2026 · 2026-05-19
K Manmadha Rao, Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17907 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17907 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:24818-DB WPHC No. 45 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 PRESENT THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION(HC) NO.45 OF 2026 BETWEEN:
SMT. BUPENDRAJEET KAUR GURU DEEPSINGH W/O MR. GURUAJ M K, AGED ABOUT 49 YEARS, RESIDING AT NO.329, LAXMI ROAD, SHANTINAGAR, BENGALURU -560 027. …PETITIONER (BY SRI. PRASANNA KUMAR P.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE POLICE, NRUPATHUNGA ROAD, BENGALURU-560 001. 3. THE COMMISSIONER OF POLICE BENGALURU CITY, INFANTRY ROAD,
Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:24818-DB WPHC No. 45 of 2026
BENGALURU-560 001. 4. THE STATION HOUSE OFFICER ASHOKNAGAR POLICE STATION, CUBBON PARK SUB-DIVISION, BENGALURU CITY, O/AT: SHANTHALA NAGAR, BENGALURU-560 001. 5. SRI. FARHAN ABBAS S/O. LATE SHAKIR ALI, AGED 25 YEARS, R/AT: NO.3, 6TH CROSS, ANEPALYA, NILASANDRA, BENGALURU-560 027. 6. SMT. KUSHTAR BHANU W/O LATE SHAKIR ALI, AGED MAJOR, R/AT NO.3, 6TH CROSS, ANEPALYA, NILASANDRA, BENGALURU-560 027. 7. SRI. ALI RAZA FATHER NAME AND AGE NOT KNOWN TO THE PETITIONER, R/AT NO.103, 7TH CROSS, ANEPALYA, BENGALURU-560 027. 8. ALI RAZA’S AUNT NAME, FATHERS NAME AND AGE NOT KNOWN TO THE PETITIONER, R/AT: NO.103, 7TH CROSS, ANEPALYA, BENGALURU-560 027. …RESPONDENTS (BY SMT. N. ANITHA GIRISH, SPP FOR R1- R4)
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HC-KAR NC: 2026:KHC:24818-DB WPHC No. 45 of 2026
THIS WPHC IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA WHEREIN PETITIONER PRAYS THAT THE HONBLE COURT BE PLEASED TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF HABEAS CORPUS DIRECTING THE RESPONDENTS TO CAUSE PRODUCTION OF THE DAUGHTER OF THE PETITIONER I.E., KUM.NEEYATI GURURAJ THE DETENUE, BEFORE THIS HON'BLE COURT FORTHWITH AND CONSEQUENTLY DELIVER THE CUSTODY OF THE DETENUE TO THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ and HON'BLE DR. JUSTICE K.MANMADHA RAO
ORAL ORDER (PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1.
The petitioner - mother is before this Court seeking for the following reliefs:- i.
"Issue a Writ, Order, or Direction in the nature of habeas corpus, directing the Respondents to cause production of the daughter of the petitioner i.e., Kum. Neeyati Gururaj, the Detenue, before this Honourable Court forthwith and consequently, deliver the custody of the Detenue to the petitioner herein; and ii. Pass such other and further orders and directions as this Honourable Court may deem fit and proper in the interest of justice. "
2. The allegation made is that respondent Nos.5 to 8 has brainwashed her daughter Ms.Neeyati Gururaj M.K. and that she is in their custody against her wishes. - 4 -
HC-KAR NC: 2026:KHC:24818-DB WPHC No. 45 of 2026
3. Notice having been issued, notice to respondent Nos.5 to 8 has been returned with the endorsement 'no such person at the address'. However, the jurisdictional police have secured the presence of the so called detenue, who is present before this Court. 4. On enquiry, she categorically submits that all the allegations made in the petition are false and that her parents, who have separated with whom she does not have a good relationship, are seeking to prejudice her for further their own interests. She categorically states that she is with respondent No.5 of her own free will and volition and she is not being held by anybody against her will. She submitted that she does not wish to go with the petitioner but wishes to continue to live with respondent No.5. 5. The detenue being major in age of 21 years as is borne out by the medical records which have been placed on record by the petitioner herself, the so called detenue being major in age having expressed her intention to stay with respondent No.5 of her own free will and volition. - 5 -
HC-KAR NC: 2026:KHC:24818-DB WPHC No. 45 of 2026
We are of the considered opinion that no grounds are made out in the above petition. 6.
Though learned counsel for the petitioner requests for mental evaluation and examination of the detenue, we are of the considered opinion that there cannot be any such forced mental evaluation against the will of the so called detenue and hence, we reject the said request. 7. No ground being made out, the daughter of the petitioner staying with respondent No.5 of her own free will and volition, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE
SD/- (DR.K.MANMADHA RAO) JUDGE
MH/- List No.: 1 Sl No.: 22