- 1 - HC-KAR NC: 2025:KHC:33013 CRL.P No. 7812 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 7812 OF 2025 BETWEEN: VENKATAGIRI GOWDA S/O VENKATESH, AGED ABOUT 29 YEARS, RESIDING AT NEAR GOVENMENT SHCOOL, DASANADODDI, MALAVALLI TALUK, MANDYA DISTRICT- 571 430. …PETITIONER (BY SRI. T. SESHAGIRI RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY GOVINDARAJANAGAR POLICE STATION, VIJAYANAGAR, BENGALURU - 560 040. (REPRESENTED BY STATE PUBLIC PROSECUTOR) (HIGH COURT OF KARNATAKA) BENGALURU - 001. 2. MAHESH BYAKUD AGED ABOUT 31 YEARS, SUB-INSPECTOR OF POLICE, GOVINDARAJANAGAR POLICE STATION, VIJAYANAGAR, BENGALURU - 560 040. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; R2 SERVED AND UNREPRESENTED) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33013 CRL.P No. 7812 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 17.05.2025 WHICH IS FOUND AT ANNEXURE-A IN A CR.NO.141/2025 REGISTERED BY THE RESPONDENT NO.1 GOVINDARAJANAGARA POLICE STATION FOR OFFENCES P/U/S 318(4) R/W SEC. 3(5) OF BNS 2023 AS AGAINST THE PETITIONER AND IN THE COURT OF XXIV ADDL. CMM COURT, NRUPATUNGA ROAD. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking the following reliefs: a) To quash the FIR dated 17.05.2025 which is found at Annexure-A in a Crime No.141/2025 registered by the Respondent No.1 Govindarajnagara police station for offences punishable under Section 318(4) read with Section 3(5) of BNS, 2023, as against the petitioner and in the Court XXIV Addl. CMM Court, Nrupatunga Road. b) Grant such other relief/s which this Hon'ble Court deems fit to grant under the circumstances of the case, to meet the interest of justice. 2. Heard the learned counsel for the petitioner and learned HCGP for the respondent. Perused the material on record. - 3 - HC-KAR NC: 2025:KHC:33013 CRL.P No. 7812 of 2025 3. The material on record indicates that the respondent/Police has initiated the present proceedings against the petitioner for the alleged offence of reselling Indian Premier League (IPL) match tickets, said to be punishable under Section 318(4) read with Section 3(5) of the BNS, 2023. 4. A perusal of the complaint and FIR reveals that it is specifically alleged that the petitioner was engaged in reselling IPL match tickets at a price higher than the face value and is, therefore, liable for prosecution under the aforesaid provisions. In identical circumstances, in Crl.P.No.7476/2025, disposed of on 27.05.2025, a co- ordinate Bench of this Court has held as under: "1. Learned High Court Government Pleader accepts notice for respondent-State. 2. The petitioner is before this Court seeking for the following reliefs: "WHEREFORE, the petitioner prays that this Hon'ble may be pleased to: - 4 - HC-KAR NC: 2025:KHC:33013 CRL.P No. 7812 of 2025 i. Quash the F.I.R. initiated by the respondent/Police in FIR No.0215/2025 therein, for the offence punishable under Sec.318(4) of Bharatiya Nagarika Suraksha Sanhita, 2023, pending before the 41st Addl. C.M.M COURT, Nrupatunga Road, Bengaluru, against the petitioner;" 3. The FIR in 215/2025 has been registered by the Bellanduru Police Station on the allegation that the petitioner had purchased tickets for the Indian Premier League to be held in the Chinnaswamy Stadium, Bengaluru for a sum of Rs.1200/- per ticket and sold ten of those tickets to certain others at Rs.6,000/- per ticket and on that basis an offence under Section 318(4) the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS, 2023') is alleged against the petitioner. 4. The submission of learned counsel for the petitioner is that the petitioner had booked the tickets but due to certain unavoidable circumstances could not attend the said match and in that background he sold the tickets, there being no restriction for such sale or resale since the tickets are transferable. - 5 - HC-KAR NC: 2025:KHC:33013 CRL.P No. 7812 of 2025 5. In that regard, he relies upon the decision of the Hon'ble Punjab and Haryana High Court in MANDEEP SINGH Vs. STATE OF U.T. CHANDIGARH AND ANOTHER reported in 2015 SCC online P&H 13773 on particularly paragraph-15 thereof which is reproduced hereunder: "15. In India, there is no legal restriction against reselling match tickets. There is a restriction for transfer of some train tickets but not all of them and are non- transferable. It is not the case here that the tickets were fake. It is not the case of the prosecution that the tickets were not transferable." 6. Relying on Mandeep Singh's case, the submission of learned counsel for the petitioner is that there being no restriction on reselling match tickets there cannot be any offence which could be said to be made out under Section 318 of the BNS, 2023. Section 318 of the BNS, 2023 is reproduced herein for easy reference "318. Cheating-(1) whoever, by deceiving any person, fraudulently - 6 - HC-KAR NC: 2025:KHC:33013 CRL.P No. 7812 of 2025 or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat." 7. This aspect has been considered by the Punjab and Harayana High Court with reference to Section 420 of the IPC in Mandeep Singh's case and the Punjab and Haryana High Court has come to a conclusion that proceedings cannot be allowed to go on as it would be an abuse of process of law. 8. The very same reasoning of the Punjab and Haryana High Court would be equally applicable to the present case since there is no restriction on the sale of the such tickets. 9. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. - 7 - HC-KAR NC: 2025:KHC:33013 CRL.P No. 7812 of 2025 ii. The FIR in Crime No.215/2025 registered for offence under Section 318(4) of the BNS, 2023 on the file of the 41st Additional CMM Court, Nrupatunga Road, Bengaluru is hereby quashed." 5. As held by this Court in the aforesaid judgment, in the absence of any statutory restriction or prohibition on the resale of IPL match tickets, the essential ingredients of the offence punishable under Section 318(4) read with Section 3(5) of the BNS, 2023 are not made out. The mere act of reselling a ticket, without any specific legal bar, cannot be construed as an offence under the said provision. 6. In that view of the matter, this Court is of the considered opinion that the continuation of the impugned proceedings against the petitioner would be wholly unsustainable in law and would amount to an abuse of the process of Court. Hence, interference in the present petition is warranted. - 8 - HC-KAR NC: 2025:KHC:33013 CRL.P No. 7812 of 2025 7. Accordingly, this Court proceeds to pass the following: ORDER (i) Petition is hereby allowed; (ii) The FIR in Crime No.141/2025 dated 17.05.2025 registered by the respondent – Police for offences punishable under Section 318(4) r/w Section 3(5) of BNS, 2023, pending on the file of XXIV ACMM, Bengaluru, insofar as the petitioner-accused No.3 is concerned is hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 3 Sl No.: 64