IMPORTANT POINT
Teachers' disciplinary actions must consider the psychological impact on students; inappropriate behavior can lead to legal consequences under abetment laws.

ORDER :

1. The petitioners/accused 1 and 2 are before this Court calling in question registration of a crime in Crime No. 7 of 2024 registered by the Dharmasthala Police for offences punishable under Sections 305, 506, 354D, 509 r/w 34 of the IPC, Section 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

2. Shorn of unnecessary details, facts in brief, germane are as follows:

The 2nd respondent is the complainant, mother of a student/victim by name Thrusha who was studying in SDM High School, Dharmastala. Petitioners are the pedagogues in the said school. The 1st petitioner is a drawing teacher and the 2nd petitioner is a physical training teacher. The daughter of the complainant was studying in the 10th standard. The genesis of the problem is that the victim was repeatedly called by the 1st petitioner on the ground that she was continuously talking to one boy, Manoj in the school. This was complained to the mother of the victim. The mother comes to the school. The mother indicates to the 1st petitioner that if there is any problem, the teacher should call her and not insult the child in front of other children. The 1st petitioner did not stop. The matter goes to the Head Mistress before whom again the child is said to have been insulted for the reason that she was talking to the boys in the school. This message of talking of the victim with the other boy was informed to a fellow student Ms. Harshitha. The fellow student appears to have informed it to others. Again the mother of the victim asked the teachers not to inform other students and paint the victim black but to call her personally and tell her. All this happened on the 6th and 7th of February, 2024. On the 7th February, 2024, the victim being frustrated with these things consumed rat poison in the school premises itself at about 9 a.m. She was then shifted to Benaka Hospital at Ujire for treatment and for better treatment to Mangalore. She succumbed to poison that she has consumed. At the time when she consumed poison the crime comes to be registered in Crime No. 7 of 2024 for the offences punishable under Sections 354(D), 509 of the IPC, Section 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. When the victim succumbed to the poison, the offence punishable under Section 305 of the IPC was added. The registration of the crime is what has driven the petitioners to this Court in the subject petition.

3. Heard Sri Ashwin Joyston Kutinha, learned counsel appearing for the petitioners and Sri B.N. Jagadeesh, learned Additional Special Public Prosecutor appearing for respondent No. 1.

4. The leaned counsel appearing for the petitioner would contend that the petitioners were only wanting to discipline the child as talking to other boys was subversive of discipline of the institution. Mere disciplining the child and the child consuming poison eventually leading to unfortunate death would not mean that the petitioners would become abettors to the said suicide for offence punishable under Section 305 of the IPC. He would contend that the allegations that are made against the petitioners or the complaint or the statements would none of them touch upon the ingredients of the offences so alleged against the petitioners.

5. Per contra, the learned Additional Special Public Prosecutor would vehemently refute the submissions to contend that it is the behavior of the petitioners that led the child to get frustrated and commit suicide. The matter is still at the stage of investigation. Therefore, this Court at this stage should not interfere with these proceedings. He would seek dismissal of the petition.

6. In reply, the learned counsel for the petitioners would again contend that the Apex Court in plethora of judgments has rendered that mere disciplining an undisciplined child by a teacher would n