- 1 - HC-KAR NC: 2025:KHC:30375 CRL.P No. 11219 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11219 OF 2025 BETWEEN: SRI SHANAWAJ B A S/O SRI ARIF B.H AGED ABOUT 36 YEARS R/AT WARD NO.15, OPP URDU SCHOOL D.V.G ROAD BAGEPALLI TALUK CHIKKABALLAPUR - 561 207. …PETITIONER (BY SRI SRINIVAS RAO S.S, ADV.) AND: 1. STATE OF KARNATAKA BY YESHWANTHPURA POLICE STATION REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. SRI DAYANAND M.J POLICE INSPECTOR-S.I.T- C.C.B REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENTS (BY SRI M.R. PATIL, HCGP FOR R-1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.23388/2025 ON THE FILE OF THE I ADDL. CJM BENGALURU FOR THE OFFENCE P/US/ 318(4) OF BNS 2023 ARISING OUT OF Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30375 CRL.P No. 11219 of 2025 CRIME NO.139/2025 REGISTERED BY RESPONDENT NO.1 YESHWANTHPURA POLICE STATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned HCGP is directed to accept notice to respondents. 2. Petitioner, who is accused No. 5, is seeking quashing of the proceedings pending in CC No. 23388/2025 for the offence punishable under Section 318(4) of Bharatiya Nyaya Sanhita, 2023(for short "BNS, 2023") arising out of Crime No. 139 of 2025. 3. Heard the learned counsel for the petitioner and the learned HCGP. 4. The core issue for consideration is whether the charge sheet filed by the Investigating Officer for the aforesaid offences, in the backdrop of the material on record, is capable of sustaining a conviction, particularly in view of the judgment - 3 - HC-KAR NC: 2025:KHC:30375 CRL.P No. 11219 of 2025 rendered by the Co-ordinate Bench of this Court in Criminal Petition No.7476/2025. 5. Before adverting to the factual matrix of the present case, this Court finds it appropriate to first refer to the observations of the Co-ordinate Bench in an identical and analogous matter decided in Crl.P. No.7476/2025, dated 27.05.2025. Paragraphs 5 and 7 of the said decision, being of material relevance to the controversy at hand, are extracted herein for ready reference, which read thus: "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."" "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 - 4 - HC-KAR NC: 2025:KHC:30375 CRL.P No. 11219 of 2025 proceedings cannot be allowed to go on as it would be an abuse of process of law." In the present case, the gist of the allegation against the petitioner, who is arrayed as accused No.5, is that during a visit by respondent No.2 along with his team, the petitioner was found selling IPL match tickets allegedly “in black.” The Investigating Officer, on the basis of this incident, has proceeded to lay a charge sheet for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. 6. However, the Co-ordinate Bench of this Court, while dealing with an identical factual matrix in Criminal Petition No.7476/2025, after adverting to the judgment of the Hon’ble Punjab and Haryana High Court in Mandeep Singh vs. State of U.T. Chandigarh and Another1, has categorically held that selling genuine match tickets, even at a higher price, does not per se constitute a criminal offence in the absence of a specific statutory prohibition. It was further observed that unless the tickets are forged, counterfeit, or obtained in violation of a statutory restriction, no penal provisions such as Section 420 1 2015 SCC OnLine P&H 13773, - 5 - HC-KAR NC: 2025:KHC:30375 CRL.P No. 11219 of 2025 IPC or its corresponding provisions under BNS would be attracted, and continuation of such proceedings would amount to an abuse of process of law. 7. In the light of the ratio laid down in the aforesaid binding precedent, which squarely covers the facts of the present case, this Court is of the considered view that the act alleged against the petitioner, even if accepted in toto, does not disclose the commission of any offence under Section 318(4) of the BNS, 2023. Consequently, allowing the prosecution to proceed further would serve no purpose, as the trial cannot culminate in conviction. Therefore, the continuation of the proceedings would be an exercise in futility and would amount to abuse of the process of the Court. ORDER (i) The petition is hereby allowed. (ii) The entire proceedings in C.C. No.23388/2025 pending on the file of the I Additional Chief Judicial Magistrate, Bengaluru, arising out of Crime No.139/2025 registered by Yeshwanthpura Police Station, for the offence punishable under - 6 - HC-KAR NC: 2025:KHC:30375 CRL.P No. 11219 of 2025 Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, are hereby quashed. (iii) No costs. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 60