Petitioner is before this Court calling in question the

proceedings in C.C.No.143/2020 registered for the offences

punishable under Section 305 of the IPC pending on the file of

Civil Judge (Sr.Dn.) & JMFC, Nagamangala, Mandya District.

2.

Heard

Sri.Chandrashekara.K.A.,

learned

counsel

appearing for petitioner and Smt.K.P.Yashodha, learned High

Court Government Pleader appearing for respondent No.1.

3. Brief facts of the case leading to the filing of the

petition as borne out from the pleadings are as follows:

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The second respondent is the complainant, mother of the

deceased daughter. Petitioner is a school teacher who was

working in the Government Primary School, Saremegalakoppalu

at the relevant point in time. The daughter of the complainant

was a student of the petitioner. On 01.06.2017 the

grandmother of the student comes to the school to obtain a

school transfer certificate as the deceased was to graduate to

higher standards. At that point in time, it is alleged that the

petitioner has humiliated the deceased saying that she should

stop commission of theft as she is getting into another school

for a higher standard, the advise was as per the wish of the

grand mother.

4. Thereafter, on 09.06.2017 after about 10 days at

about 5.30 p.m. the deceased had been to certain program

where she meets the petitioner again and at that time

petitioner is said to have again abused the deceased saying

that it is better for her to go and die for not learning good

manners. On the next day on 10.06.2017 the deceased

commits suicide leaving a note on her left palm stating that

petitioner is responsible for her death and none other. It is for

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the said reason the petitioner is hauled into these proceedings

on registration of a crime for the offence punishable under

Section 306 of the IPC. The police, after investigation, finding

that the victim was below 18 years has charge sheeted the

petitioner for offence punishable under Section 305 of the IPC.

It is at that juncture, the petitioner knocks the doors of this

Court in the subject petition.

5. Learned counsel for the petitioner submits that the

petitioner has nothing to do with the death of the daughter of

the complainant, the petitioner had only advised the deceased

not to commit theft in the house, as her grandmother has

always complained that she was thieving. This, by any stretch

of imagination, cannot be held to be having nexus or proximity

to the death of the daughter of the complainant.

6. The learned High Court Government Pleader however

would seek to justify the action of filing of the charge sheet for

the offence punishable under Section 305 of the IPC and would

submit that it is a matter of trial.

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7. I have given my anxious consideration to the

submissions made by the learned counsel appearing for both

the parties and perused the material on record.

8. The afore-narrated facts are not in dispute. The issue

with regard to offence punishable under Section 305 of the IPC

in such cases where the relationship between the teacher and

the student and the teacher abusing the student which could

have nexus or becomes proximate to the death of the student,

need not detain this Court for long as the Apex Court in the

case of GEO VARGHESE v. THE STATE OF RAJASTHAN AND

ANOTHER¹ while considering the identical issue has held as

follows:

<3. The appellant herein was appointed as a

Physical Training Teacher in St. Xavier's School,

Nevta in the year 2016. He was imparting Physical

Training to the students from 1^st to 5^th standard. He

was also a member of the Disciplinary Committee for

maintaining overall discipline by the students of the

School.

4. One student of Class 9^th of the institution,

unfortunately, committed suicide in the morning at

about 04 : 00 AM on 26.04.2018. The mother of the

deceased-student lodged the FIR in question on

02.05.2018 before the concerned Police Station under

1 2021 SCC OnLine SC 873

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Section 306 IPC after about 7 days of the suicide,

a