- 1 - HC-KAR NC: 2025:KHC:43250 CRL.P No. 14150 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14150 OF 2025 BETWEEN: MR. KANNAN SON OF MR. ARUMUGAM, AGED ABOUT 35 YEARS, RESIDING AT NO.43/2, GROUND FLOOR, 6TH CROSS, ANJANEYA TEMPLE STREET, VASANTHNAGAR, BENGALURU, KARNATAKA-560 001. ALSO RESIDING AT RAJAPPA LAYOUT, JANNAPURA, BHADRAVATI TOWN, SHIVAMOGGA, KARNATAKA-577 201. …PETITIONER (BY SRI. PONNANNA M.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION COMMERCIAL STREET, BENGALURU-560 001. REP. BY SPP, HIGH COURT BUILDING, BENGALURU-01. 2. MR. SHIVAKUMAR T.C. AGED ABOUT 44 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43250 CRL.P No. 14150 of 2025 POLICE INSPECTOR, SEW, CCB, BENGALURU CITY, KARNATAKA-560 073. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DATED 17.05.2025 AND F.I.R. IN CRIME NO.73/2025, PENDING ON THE FILE OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT MAYOHALL, BENGALURU FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 318(4) OF BNS 2023. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER FIR has been registered in Crime No.73/2025 of Commercial Street Police Station, Bengaluru City against accused Nos.1 and 2, for the offence punishable under Section 318(4) of BNS, 2023. 2. The first informant is the Police Inspector, CCB. In brief, it is alleged that on 17.05.2025 at about 7.15 p.m., the accused were attempting to sell the IPL match tickets to the public at a higher price and therefore, - 3 - HC-KAR NC: 2025:KHC:43250 CRL.P No. 14150 of 2025 committed an offence punishable under Section 318(4) of BNS, 2023. 3. Learned High Court Government Pleader has contended that the IPL tickets are not transferable, but the accused obtained the tickets from a person by name Sendil and they were attempting to sell it to the public for higher price. He therefore, contended that the ingredients of the offence alleged are made out. 4. As per complaint averments, Police received a credible information that two persons are selling the IPL tickets to the public for higher price and therefore, they went to the spot and approached the said two persons, who were willing to sell the tickets for a sum of Rs.6,700/-. It is alleged that accused No.1 was in possession of 8 IPL tickets and accused No.2 i.e., the petitioner was in possession of 2 IPL tickets. 5. Firstly, there is no material collected by the Police, except the bald allegation that the petitioners have - 4 - HC-KAR NC: 2025:KHC:43250 CRL.P No. 14150 of 2025 tried to sell the IPL tickets for higher price. It is not the case of prosecution that any tickets were sold by them for higher price, on the other hand, it is alleged that when the police approached them, they told them that they were willing to sell the tickets for a sum of Rs.6,700/-. 6. The contention of the learned High Court Government Pleader cannot be accepted, since the accused have not sold or transferred the tickets to anyone. Be that as it may, a coordinate Bench of this Court in Crl.P No.7476/2025 while disposing of the said petition vide order dated 27.05.2025, in an identical circumstances has held that in such a scenario the proceedings cannot be allowed to go on. The paragraphs 5 and 6 of the said order are extracted hereunder: 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: - 5 - HC-KAR NC: 2025:KHC:43250 CRL.P No. 14150 of 2025 "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 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. In light of the above discussion, this Court is of the considered view that the ingredients of the offence - 6 - HC-KAR NC: 2025:KHC:43250 CRL.P No. 14150 of 2025 under Section 318(4) of BNS 2023 are not made out and therefore, the entire proceedings initiated against the petitioner is an abuse of process of law. Hence, the following: ORDER Petition is allowed. The entire proceedings arising out of Crime No.73/2025 of Commercial Street Police Station, registered for the offence punishable under Section 318(4) of BNS, 2023 as against the petition are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/- List No.: 1 Sl No.: 46