Karnataka High Court
Manjunath vs The State Of Karnataka on 15 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:26501
CRL.P No. 7799 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.7799 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
MANJUNATH
S/O LATE RAMASHETTI,
AGED ABOUT 43 YEARS,
R/AT NO.38/1, 3RD MAIN,
3RD CROSS, MATADAHALLI,
BENGALURU NORTH
BENGALURU - 560 032.
...PETITIONER
(BY SRI. VIJAY KUMAR T, ADVOCATE)
AND:
THE STATE OF KARNATAKA
STATE BY CUBBON PARK POLICE STATION
BENGALURU CITY,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
Digitally
signed by HIGH COURT BUILDING,
CHANDANA BENGALURU - 560 001.
BM ...RESPONDENT
Location: (BY SRI. CHANNAPPA ERAPPA, HCGP)
High Court of
Karnataka
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
PRAYING TO QUASH THE IMPUGNED FIR IN CR.NO.41/2025 FOR THE
OFFENCE P/U/S 318(4) OF BNS 2023 REGISTERED BY THE CUBBON
PARK P.S. WHICH IS PENDING ON THE FILE OF THE XLI A.C.J.M AT
BENGALURU VIDE ANNEUXRE-A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:26501
CRL.P No. 7799 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
"a) To quash the impugned FIR in Cr.No.41/2025 for the offence punishable under Section 318(4) of BNS, 2023 registered by the Cubbon Park Police Station, which is pending on the file of the XLI Addl. Chief Judicial Magistrate at Bengaluru, vide Annexure - A, in the interest of justice and equity.
b) Grant such other reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."
2. Heard the learned counsel for the petitioner 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 petitioner for the alleged offence punishable under Section 318(4) of BNS, 2023.
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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, the Co-ordinate Bench of this Court has 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 -4- NC: 2025:KHC:26501 CRL.P No. 7799 of 2025 HC-KAR 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 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- NC: 2025:KHC:26501 CRL.P No. 7799 of 2025 HC-KAR 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 CMM Court, Nrupatunga Road, Bengaluru is hereby quashed."-6-
NC: 2025:KHC:26501 CRL.P No. 7799 of 2025 HC-KAR
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.
(ii) The FIR in Crime No.41/2025 dated
10.04.2025 registered by the 1st respondent - Police for offence punishable under Section 318(4) of BNS, 2023, pending on the file of XLI Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioner-accused is concerned, is hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SV; List No.: 4 Sl No.: 37