ORDER

B. Sudershan Reddy. J. - 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 I.P.C. and Sec. 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 workings 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 handwriting 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/-. 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 the deceased, 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 unbearabler harassment, his son committed suicide by consuming pesticide by writing reasons on the blackboard 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 306 I.P.C. and Sec. 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/-, harassed him mentally and physically alleging that the deceased had drawn the cheque in the name of Raju. 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 something on the blackboard at Sahiti Junior College. Parkal stating that all the accused persons were responsible for his death.

4. In this application learned senior Counsel. Sri C. Padmanabha Reddy contends that there is no specific allegation against the petitioner of any particular or specific act -as such and under those circumstances the petitioner is entitled to be released on bail in the event of his arrest. On the other hand learned Additional Public Prosecutor Sri O. Kailashnath Reddy inter alia contends that the application filed under Section 438 of the Code of Criminal Procedure, 1973 (for short 'the Code') is not maintainable since application of Section 438 of the Code is expressly barred by Section 18 of the Prevention of Atrocities Act. It is contended, by the learned Addl. Public Prosecutor that a case against the petitioner had been registered not only under Section 306 I.P.C. but also under Section 3(i)(x) of the Prevent