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2025 DAILYLAW 54586 (KAR)

SRI RAVICHANDRA K v. STATE OF KARNATAKA BY

CRL.P/8997/2025 · 2025-07-07

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24546 CRL.P No. 8997 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8997 OF 2025 BETWEEN: SRI RAVICHANDRA K S/O ANJANEYA K AGED ABOUT 32 YEARS POLICE CONSTABLE 17920 HALASUR TRAFFIC POLICE STATION BENGALURU CITY PERMANENT R/O BULLAPUR VILLAGE GANADHALA POST RAICHUR DISTRICT - 574 140 …PETITIONER (BY SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY GOVINDARAJA NAGARA POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001 2. MR. MUKESH BYAKUD SUB-INSPECTOR OF POLICE GOVINDARAJANAGARA POLICE STATION BENGALURU CITY - 560 042 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CR.NO.141/2025 OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24546 CRL.P No. 8997 of 2025 GOVINDARAJA NAGARA P.S. BENGALURU ON THE FILE OF THE 24TH A.C.M.M BENGALURU REGISTERED FOR THE OFFENCE P/U/S 318(4) R/W 3(5) OF BNSS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondents. 2. In this petition, the petitioner seeks the following reliefs: "WHEREFORE, it is respectfully prayed that this Hon'ble Court be pleased to quash the entire criminal proceedings initiated against the petitioner in Crime No.141/2025 of Govindaraja Nagara Police station, Bengaluru, on the file of XXIV Additional Chief Judicial Magistrate, Bengaluru City registered for the offence punishable under Sections 318(4) read with Section 3(5) of BNSS, in the interest of justice." 3. A perusal of the material on record will indicate that the respondents have instituted the instant proceedings for reselling Indian Premier League (IPL) match tickets against the petitioner for the alleged offence punishable under Section 318(4) read with - 3 - HC-KAR NC: 2025:KHC:24546 CRL.P No. 8997 of 2025 Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS, 2023’). 4. A perusal of the complaint and FIR will indicate that it is specifically alleged that the petitioner is guilty of reselling IPL match tickets at a higher price thereby being liable to be punished for the aforesaid offence. Under identical circumstances in Crl.P. No.7476/2025 disposed of on 27.05.2025, a coordinate Bench of this Court 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: 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;" - 4 - HC-KAR NC: 2025:KHC:24546 CRL.P No. 8997 of 2025 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. 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 - 5 - HC-KAR NC: 2025:KHC:24546 CRL.P No. 8997 of 2025 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 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. - 6 - HC-KAR NC: 2025:KHC:24546 CRL.P No. 8997 of 2025 9. Accordingly, I pass the following: ORDER i. Criminal petition is allowed. 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, there being no restriction on reselling IPL match tickets, it cannot be said that the petitioner is guilty of the offence punishable under Section 318(4) of BNS, 2023. Under these circumstances, I am of the view that continuation of the impugned proceedings qua the petitioner would amount to abuse of process of law warranting interference in the present petition. 6. In the result, I pass the following: ORDER i. The petition is hereby allowed. - 7 - HC-KAR NC: 2025:KHC:24546 CRL.P No. 8997 of 2025 ii. The FIR in Crime No.141/2025 registered by the respondent No.1 – Police for the offence punishable under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 pending on the file of XXIVI Additional Chief Judicial Magistrate, Bengaluru City, insofar as the petitioner/accused No.4 is concerned is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE KG List No.: 1 Sl No.: 58