IA No. 1 of 2016

This application is filed under section 439(1)(b) of Criminal Procedure Code, 1973 (hereinafter referred to as “Cr.PC”, for short) in a disposed of petition seeking relaxation or setting aside the bail condition No.3 imposed vide order dated 30.7.2015.

2. This Court while passing the order on merits of the bail petition filed by the petitioners under section 439 of Cr.PC in connection with FOC No.4/2015 of Forest Department, Devanahalli Range, Devanahalli, Bengaluru Rural District for the offences punishable under sections 9, 11, 39, 48A, 49B, 49C and 51 of Wildlife Protection Act, 1972, has imposed certain conditions, particularly, condition No.3 which is enumerated below.

“(3) Petitioners shall mark their attendance once in a month on the second Saturday before the I.O. between 10.00 a.m. and 5.00 p.m. till the completion of investigation.”

3. The learned Counsel for the petitioners submitted that the said condition is causing inconvenience to the petitioners and therefore the same may be relaxed.

4. This Court has raised a question as to –

“Whether Interlocutory Application u/s.439(1)(b) of Cr.P.C. is maintainable in a disposed of matter?”

5. The learned Counsel