K MALLESHAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application under Section 438 of the Code of Criminal Procedure, 1973, to direct release of the petitioner (A-1) on bail, in the event of his arrest, in connection with Cr.No.81 of 1998 on the file of P.S.Parkal, Warangal District. The petitioner apprehends arrest at the hands of the Police in connection with the above crime registered under Section 306 IPC and Section 3(i)(x) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (for short 'Prevention of Atrocities Act').

(2.) The allegations made in the First Information Report (FIR) and the Remand Case Diary may, briefly, be noticed. The deceased, K.Tirupathi was working as an Attender in Sahiti Junior College, Parkal. The deceased is alleged to have committed theft of a cheque for Rs.10,000-00 and presented the same in State Bank of Hyderabad and withdrew the amount. On 19-6-1998 the matter came to the notice of the management and an inquiry was held. The management is alleged to have made inquiry with the deceased and obtained the specimen signature and hand-writing for the purposes of comparison with the writing found on the cheque. On comparison, it was found that the deceased had committed theft of the cheque for Rs.10,000.00. Therefore, the management asked the deceased to pay the said amount in instalments. The deceased did not agree with the proposal and the management gave a report to the Police. The deceased, having come to know about reporting of the matter to the Police had committed suicide by consuming pesticide on the morning of 26-6-1998. On 27-6-1998, father of thedeceased, Kashamalla Yellaiah lodged a complaint against the petitioner and three others alleging that the accused made false allegations against the deceased and in that process harassed him mentally. On account of such un-bearable harassment, his son committed suicide by consuming pesticide by writing reasons on the black-board of the College and also leaving a death note addressed to the Press reporters. His son was admitted into a private hospital and during the course of treatment he died. The complainant accordingly prayed for taking appropriate action against the accused, who are responsible for mental harassment of his son and drove him to commit suicide. The S.I. of Police, Parkal, accordingly registered the case under Section 306IPC and Section 3(i)(x) of the Prevention of Atrocities Act.

(3.) It is revealed, during the course of investigation so far made, that all the accused, including the petitioner herein, on mere suspicion that the deceased had stolen the cheque for a sum of Rs.10,000.00, harassed him mentally and physically alleging that the deceased had drawn the cheque in the name of Raja. It is stated in the Remand Case Diary that due to unbearable harassment made by the accused, the deceased felt insulted, and got vexed with the life had decided to commit suicide by writing death note addressed to the Press Reporters of Parkal, SI of Police, Parkal, apart from writing the same tiling on the black-board at Sahiti Junior College, Parkal, stating that all the accused persons were responsible for his death.