Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:31181 WP No. 39291 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 39291 OF 2025 (GM-RES) BETWEEN:
ROHINI ASHOK ANAND W/O ANKIT MAYANK D/O DR. ASHOK ANAND AGED ABOUT 35 YEARS RESIDING AT NO.204, 3RD FLOOR, KRISHNA PARIJATHA APARTMENT, 1ST MAIN, 1ST BLOCK, BEL LAYOUT, VIDYARANYAPURA, BANGALORE 560097
…PETITIONER (BY SRI. VINOD KUMAR M.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP BY THE CHIEF SECRETARY VIDHANA SOUDHA BENGALURU 560 001.
2.
THE BRANCH MANAGER AXIS BANK VIDYARANYAPURA BRANCH NO 1240, GS ARCADE, VIDYARANYAPURA MAIN RD, BEL LAYOUT 2ND BLOCK, VIDYARANYAPURA, BENGALURU, 560097
3.
THE BRANCH MANAGER STATE BANK JALAHALLI BRANCH POST BAG NO.1301. JALAHALLI
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:31181 WP No. 39291 of 2025
BANGALORE- 560013
4.
THE CANARA BANK VIDYARANYAPURA BRANCH NO.194, NTI LAYOUT, 1ST CROSS RD, BLOCK VIDYARANYAPURAM, BENGALURU-560 097.
5.
THE MEDICAL SUPERINTENDENT SAKRA WORLD HOSPITAL Y. NO. 52/2 AND 52/3, DEVARABEESANAHALLI, VARTHUR HOBLI, BENGALURU-560 103.
6.
DR. ASHOK ANAND S/O. RAMACHANDRA, AGED ABOUT 66 YEARS, RESIDING AT NO. 204, 3RD FLOOR, KRISHNA PARIJATHA APARTMENT, 1ST MAIN, 1ST BLOCK, BEL LAYOUT, VIDYARANYAPURA, BANGALORE-560 097.
…RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1;
SRI. FRANCIS XAVIER., ADVOCATE FOR R2;
SMT. DIVYA P., ADVOCATE FOR R3;
SRI. VIGNESH SHETTY., ADVOCATE FOR R4;
SRI. HARISH M.N., ADVOCATE FOR R6;
V/O/D 20.1.2026 NOTICE TO R5 IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF ANY NATURE APPOINTING THE PETITIONER AS GUARDIAN AD LITEM OF DR. JAYASHREE B.S, WHO IS STILL LYING IN A I.C.U FOR MORE THAN 2 YEARS AND CANNOT WRITE AND SIGN ANY PAPERS, COMATOSE STATE AN INTENSIVE CARE UNIT ON MECHANICAL VENTILATION AT THE RESPONDENT NO 5 HOSPITAL AND ETC.
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HC-KAR NC: 2026:KHC:31181 WP No. 39291 of 2025
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: (a) Issue a writ of any nature appointing the Petitioner as Guardian ad litem of Dr. Jayashree B.S, who is still lying in a I.C.U for more than 2 years and cannot write and sign any papers, comatose state an intensive care unit on mechanical ventilation at the Respondent No 5 hospital. (b) Direct the Respondent No 2 to 4 Banks to permit the Petitioner to withdraw reasonable amounts from the Patient's accounts for meeting urgent medical and family maintenance expenses pending final disposal of the petition. (c) Pass such other order as this Hon'ble Court may deem fit in the facts and circumstances of the case. 2. Dr. Jayashree B.S. was serving as the Chief Medical Officer at B.L. Hospital, Bengaluru. Unfortunately, she met with a road traffic accident on 05.06.2023 and sustained multiple grievous injuries. She was initially shifted to Ketham's Hospital, Vidyaranyapura, and was thereafter transferred to M.S. Ramaiah Memorial Hospital for specialised and advanced treatment. - 4 -
HC-KAR NC: 2026:KHC:31181 WP No. 39291 of 2025
3. At M.S. Ramaiah Memorial Hospital, she underwent an emergency right fronto-temporo-parietal (FTP) decompressive craniotomy under general anaesthesia on 05.06.2023, following which she was admitted to the Intensive Care Unit (ICU) on ventilatory support. A repeat CT scan revealed an evolved left temporal contusion, necessitating a second surgical intervention involving evacuation of the haematoma under general anaesthesia on 06.06.2023, along with insertion of an intracranial pressure probe. She also underwent a tracheostomy on 07.06.2023 and continued to remain in the ICU on ventilator support with anti-oedema measures. 4. Dr. Jayashree B.S. remained under treatment at M.S. Ramaiah Memorial Hospital from 05.06.2023 till
16.11.2023. During the course of treatment, a portion of her skull was removed and preserved in a bone bank, which was subsequently re-implanted on
23.10.2023. Thereafter, on 16.11.2023, she was shifted to respondent No.5 - Sakra World Hospital, Bellandur, Bengaluru, where she continues to undergo treatment. It is in the aforesaid circumstances that the petitioner, who is the daughter of Dr. Jayashree B.S., has approached this Court. - 5 -
HC-KAR NC: 2026:KHC:31181 WP No. 39291 of 2025
5. The petitioner contends that substantial expenditure has been incurred and continues to be incurred towards the treatment of her mother.
Though the petitioner has been bearing a considerable portion of the medical expenses, certain amounts belonging to Dr. Jayashree B.S. are lying in bank accounts maintained with respondent Nos.2, 3 and
4. According to the petitioner, such amounts could be effectively utilised towards meeting the ongoing medical expenses. Hence, permission is sought to enable the petitioner to operate the said bank accounts, limited to withdrawal of amounts and payment of medical expenses relating to her mother. 6. Respondent No.6 is the father of the petitioner and the husband of Dr. Jayashree B.S. It is submitted by the learned counsel appearing for respondent No.6 that he is presently residing separately in Mumbai and has no objection whatsoever to the petitioner operating the bank accounts of Dr. Jayashree B.S. It is further submitted that respondent No.6 lays no claim over the monies or properties belonging to Dr. Jayashree B.S. and that the petitioner is their only daughter. - 6 -
HC-KAR NC: 2026:KHC:31181 WP No. 39291 of 2025
7. The petitioner has produced medical records, certificates, photographs and hospital bills on record. The same disclose that Dr. Jayashree B.S. is presently undergoing treatment at Sakra World Hospital and had earlier been treated at M.S. Ramaiah Memorial Hospital. The bills placed on record indicate that substantial amounts have been expended and continue to be required for her treatment. 8. The medical certificate produced on record indicates that Dr. Jayashree B.S. was admitted to Sakra World Hospital on 04.10.2024. The certificate further discloses that she is in a comatose state with poor consciousness. The medical bills and receipts placed on record demonstrate that the petitioner has been meeting the expenses incurred towards the treatment of her mother. 9.
A Coordinate Bench of this Court, in W.P. No.10453 of 2025, while considering a similar issue and placing reliance on the decisions of the Hon'ble Kerala High Court in Shobha Gopalakrishnan v. State of Kerala [(2019) SCC OnLine Ker 739] and the Hon'ble Allahabad High Court in Uma Mittal v. Union of India [(2020) SCC OnLine All 777], has
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HC-KAR NC: 2026:KHC:31181 WP No. 39291 of 2025
held that this Court, in exercise of its parens patriae jurisdiction, can issue appropriate directions permitting a caregiver to operate the bank accounts of a person who is incapable of doing so on account of his or her medical condition. 10. In the present case, the petitioner is the only daughter of Dr. Jayashree B.S. The material placed on record establishes that she has been continuously taking care of her mother and has borne the medical expenses incurred thus far. Respondent No.6 is admittedly residing separately in Mumbai and is not taking care of the patient. He has also expressly stated that he has no objection to the petitioner operating the bank accounts and has disclaimed any interest in the monies or properties belonging to Dr. Jayashree B.S.
11. In that view of the matter, this court passes the following:
ORDER i. The Writ Petition is partly allowed. ii. The petitioner is appointed as a guardian of Dr.Jayashree.B.S, her mother insofar as operating of the bank accounts of
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HC-KAR NC: 2026:KHC:31181 WP No. 39291 of 2025
Dr.Jayashree.B..S. in respondent No.2, respondent No.3 and respondent No.4- Banks. iii. Petitioner is permitted to operate the bank accounts with respondent No. 2, 3 and 4 insofar as payment of medical expenses of her mother, Dr. Jayashree B. S. is concerned. The petitioner shall along with each withdrawal submit the details of bills to the concerned Bank, which shall be maintained by the said Banks in its records. iv. The permission to operate the bank account is limited to the extent of the bills raised by the concerned hospital and submitted by the petitioner. v. In the event of there being any further emergency need, the petitioner would always be at liberty to approach this Court for separate orders.
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HC-KAR NC: 2026:KHC:31181 WP No. 39291 of 2025
vi. Respondent No. 2 to 4 are directed to permit the petitioner to operate the account of Dr.Jayashree.B.S. respective Bank accounts, in their respective Banks.
Sd/- (SURAJ GOVINDARAJ) JUDGE
LN List No.: 1 Sl No.: 56