The court ruled that anticipatory bail considerations are applicable when no prima facie case is established against the accused, reflecting the principle that disciplinary actions by a teacher do not automatically constitute criminal offences.

ORDER :

V. NARASINGH, J.

1. At the outset, it is submitted by the learned counsel for the State that notice of this application has been served on the informant, but there is no appearance on behalf of the informant when the matter is called.

2. Heard learned counsel for the Petitioner and learned counsel for the State.

3. The Petitioner is seeking pre-arrest bail in connection with C.T. Special(P) No.62 of 2025 pending on the file of learned Special Judge, Dhenkanal, arising out of Motonga P.S. Case No.366 of 2025 for commission of offences punishable under Sections 64(2)(f) of BNS, 2023[Section 64. Punishment for rape.—
(1) xxx xxx
(2) Whoever,---
(a) xxx xxx
(b) xxx xxx
(c) xxx xxx
(d) xxx xxx
(e) xxx xxx
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; Interim order passed earlier shall continue till the next date.
xxx xxx xxx], 75 of J.J.P.C. Act [75. Punishment for cruelty to child.—Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both:
Provided that in case it is found that such abandonment of the child by the biological parents is due to circumstances beyond their control, it shall be presumed that such abandonment is not wilful and the penal provisions of this section shall not apply in such cases:
Provided further that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees:
Provided also that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees.] and 6 of POCSO Act, [6. Punishment for aggravated penetrative sexual assault.—(1) Whoever commits aggravated penetrative sexual assault shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death.
(2) The fine imposed under sub-section (1) shall be just and reasonable and paid to the victim to meet the medical expenses and rehabilitation of such victim.].

4. It is submitted by the learned counsel that because the Petitioner as a teacher tried to discipline the students, the allegations have been levelled in an over jealous manner and the Petitioner has been cited as an accused. Hence, the Petitioner may be protected by pre-arrest bail.

5. Learned counsel for the State opposes the prayer for pre-arrest bail referring to the statements of the victims recorded under Section 180 of BNSS, [180. Examination of witnesses by police; (1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requi