- 1 - HC-KAR NC: 2025:KHC:25275 CRL.P No. 7963 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7963 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SHANKAR R HOSALLI AGED ABOUT 20 YEARS, S/O, RAJASHEKAR, 43/1, 2ND MAIN, 2ND CROSS, MARENAHALLI, VIJAYANAGAR, VTC BANGALORE NORTH BENGALURU – 560 040. 2. SURESH S/O SWAMIDAS, AGED ABOUT 30 YEARS, RESIDING AT, GILLESUGUR, PO GUNJAHALLI, RAICHUR DISTRICT -584140. …PETITIONERS (BY SRI. NARASIMHAN S.,ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH GOVINDARAJANAGAR POLICE STATION BENGALURU CITY. REPRESENTED BY STATE PUBLIC PROSECTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI. NAGESHWARAPPA.K, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY PRAYING TO QUASH THE IMPUGNED FIR IN CR.NO.141/2025 REGISTERED AT GOVINDARAJANAGAR P.S., BENGALURU CITY AS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25275 CRL.P No. 7963 of 2025 AGAINST THE PETITIONERS HEREIN FOR THE OFFENCES P/U/S 318(4) R/W 3(5) OF BNS, 2023, AT ANNEXURE-A. 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 In this petition, petitioners seeks for the following reliefs: “ A. Quash the impugned FIR in Crime No. 141/2025 registered at Govindarajanagar Police Station, Bengaluru City as against the Petitioners herein for the offences punishable under Section 318(4) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023, at Annexure A; pending before on the file of the Hon’ble. XXIV Add. Chief Metropolitan Magistrate Bengaluru. B. Pass such other order/s as this Hon'ble Court may deem fit in the interests of justice and equity.” 2. Heard the learned counsel for the petitioners and learned HCGP for the respondent and perused the material on record. 3. The material on record will indicate that the respondent has instituted the instant proceedings for reselling Indian Premier League (IPL) match tickets against the petitioners for the alleged offence punishable under Section 318(4) r/w Section 3(5) of BNS, 2023. - 3 - HC-KAR NC: 2025:KHC:25275 CRL.P No. 7963 of 2025 4. A perusal of the complaint and FIR will indicate that it is specifically alleged that the petitioners are 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 co-ordinate 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;" 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 - 4 - HC-KAR NC: 2025:KHC:25275 CRL.P No. 7963 of 2025 318(4) the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS, 2023') is alleged against the petitioner. 4. 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 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 - 5 - HC-KAR NC: 2025:KHC:25275 CRL.P No. 7963 of 2025 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. 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 - 6 - HC-KAR NC: 2025:KHC:25275 CRL.P No. 7963 of 2025 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 petitioners are guilty of the offence punishable under Section 318(4) r/w Section 3(5) of BNS, 2023. Under these circumstances, I am of the view that continuation of the impugned proceedings qua the petitioners would amount to an abuse of process of law warranting interference in the present petition. 6. In the result, I 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 petitioners- accused No.1 and 2 are concerned is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.