- 1 - HC-KAR NC: 2026:KHC:30058 CRL.P No. 7688 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7688 OF 2026 BETWEEN: MR. SRINIVAS NAIK @ SRINIVAS Y.C S/O CHELUVARAJA AGED ABOUT 21 YEARS RESIDING AT NO. 54, 6TH A CROSS GANDHINAGAR, YELAHANKA BENGALURU - 560 064. AADHAR ADDRESS R/A. 1318, 2ND MAIN ROAD, NEAR RAJA RAJESHWARI CHOULTERY, GANDHINAGAR, YELANKHA - 560 064. …PETITIONER (BY SRI. DILIP KUMAR I.S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. 2. MR. SHANMUGAM M S/O NOT KNOWN AGED ABOUT 43 YEARS, POLICE INSPECTOR SPECIAL Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30058 CRL.P No. 7688 of 2026 ENQUIRY WING CCB, SHANTHINAGAR BENGALURU - 560 001. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT PRODUCED AS ANNEXURE A AND B IN CRIME NO.72/2026 BY COMMERCIAL STREET POLICE STATION AGAINST THE PETITIONER FOR THE OFFENCE P/US/ 318(4) OF BNS 2023 PENDING ON THE FILES HONBLE X ADDL CMM BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Dilip Kumar I.S., learned counsel appearing for the petitioner and Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1. 2. The petitioner is before this Court calling in question registration of a crime in crime No.72/2026 registered for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023. - 3 - HC-KAR NC: 2026:KHC:30058 CRL.P No. 7688 of 2026 3. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the co-ordinate Bench of this Court in the case of SRI. SOMARAPU VAMASHI Vs. THE STATE OF KARNATAKA1, the co-ordinate Bench has held as follows: "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 1 Crl.P.No.7476/2025 disposed on 27.05.2025 - 4 - HC-KAR NC: 2026:KHC:30058 CRL.P No. 7688 of 2026 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. 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, - 5 - HC-KAR NC: 2026:KHC:30058 CRL.P No. 7688 of 2026 2023 on the file of the 41st Additional CMM Court, Nrupatunga Road, Bengaluru is hereby quashed." In the light of the issue standing covered by judgment rendered by the co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms. 4. For the aforesaid reasons, the following: ORDER (i) Criminal petition is allowed. (ii) The FIR in crime No.72/2026 registered for offence punishable under Section 318(4) of the BNS, 2023 on the file of X Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 34