IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11428 OF 2025 BETWEEN:

1. SRI. HARSHAVARDAN .H S/O D.HARISH AGED ABOUT 27 YEARS NO.7, MAINA DEVI SADAN

4^TH MAIN, 10^TH CROSS VASANTHNAGAR BENGALURU - 560 001.

…PETITIONER (BY SRI. M.B. RAVIKUMAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY YESHWANTHAPURA P.S.

BENGALURU CITY Digitally signed REP. BY SPP by CHAITHRA A Location: HI GH HIGH COURT BUILDING.

COURT OF KARNATAKA

2. SRI. DAYANANDA .M.J POLICE OFFICER SPECIAL ENQUIRY WING CCB, SHANTHINAGAR BENGALURU CITY, KARNATAKA.

…RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET AND TAKING OF COGNIZANCE DATED 28.06.2025 PASSED BY THE HONBLE I ADDL. CJM, AT BENGALURU IN CC NO.23388/2025 FOR THE OFFENCES P/U/S 318(4) OF BNS, 2023.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The Crime is registered against the petitioner -

accused alleging that the petitioner has indulged in selling IPL tickets in black thereby attracting the punishable under Section 318(4) of Bharatiya Nyaya Sanhita (BNS), 2023.

2. Heard learned counsel appearing for the petitioner and learned AGA appearing for respondent No.1 - State.

3. Learned counsel for the petitioner has placed reliance on the series of judgments rendered by the Co-ordinate Bench on this point.

4. On examining the allegations in the complaint, which ultimately resulted in registration of the crime, this Court is of the considered view that the act of selling IPL tickets at a higher price (“in black”) does not, by itself, constitute an offence. This Court, in a series of judgments, has consistently held that the sale of tickets at a higher rate does not attract the ingredients of the offence punishable under Section 318(4) of the BNS, 2023. It is therefore apposite to refer to the relevant observations of the Co-ordinate Bench in Crl.P.No.14150/2025. Paragraph No.6 of the said decision, which is germane to the present case, is extracted below:

"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:

"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