Bright Ighalo @ Benn vs State Of Karnataka on 19 January, 2017

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Karnataka High Court

Bright Ighalo @ Benn vs State Of Karnataka on 19 January, 2017

Bench: Rathnakala

                           -1-



  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 19TH DAY OF JANUARY 2017

                        BEFORE

        THE HON'BLE MRS.JUSTICE RATHNAKALA

            CRIMINAL PETITION NO.9/2017

BETWEEN:

BRIGHT IGHALO @ BENN
S/O LATE IGHALO
AGED ABOUT 36 YEARS
RESIDING AT NO.10
SURVEY NOS.62/3, 7/8, 7/9
NAGASHETTY HALLI, 4TH CROSS,
KASABA HOBLI
TEACHERS' COLONY,
BHOOPASANDRA
SANJAY NAGAR POST
BANGALORE - 560 094
NATIVE OF ECTOMA CITY
CONO STATE, NIGERIA.                    ...PETITIONER

(BY SRI HASHMATH PASHA, ADV)

AND:

STATE OF KARNATAKA BY
SANJAY NAGAR POLICE
BANGALORE CITY AND
C.C.B.POLICE
BANGALORE - 560 018.
REPRESENTED BY LEARNED
STATE PUBLIC PROSECUTOR.                ...RESPONDENT

(BY SRI K.NAGESHWARAPPA, HCGP.)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
                            -2-



CR.NO.220/2016 OF SANJAY NAGAR P.S., BENGALURU CITY,
FOR THE OFFENCE P/U/S 21(C) OF NDPS ACT.

      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

The respondent/Police have registered a case against the petitioner (accused No.1) and two others in their Crime No.220/2016 in respect of the offence under Section 21(c) of the NDPS Act, 1985. During the pendency of the petition, charge sheet is filed in respect of the offence under Section 21(c) of the NDPS Act, 1985.

2. The allegation of the prosecution is, the accused persons being Nigerian citizens were found in possession of 300 grams of cocaine and were at trading the substance. As per the prosecution case, 140 grams of substance was seized from the possession of the petitioner herein and 125 grams is seized from the possession of accused No.2. The sample test was subjected to chemical analysis and as per the FSL report, it was a combination of Paracetamol with cocaine. The -3- percentage of the cocaine is not ascertained. Accused No.2 is on bail vide order of this Court dated 8.12.2016 in Crl.P.No.8239/2016.

3. The investigation since complete, there is no impediment to allow this petition.

The petition is allowed. Petitioner is enlarged on bail in Crime No.220/2016 of the respondent/Police, subject to following conditions:

(i) He shall execute a self-bond for a sum of Rs.2,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court.

(ii) He shall mark his attendance before the Investigating Officer on every alternate Friday during the office hours till conclusion of the trial.

(iii) He shall not indulge in activities as alleged against him.

Sd/-

JUDGE KNM/-

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