IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

CRIMINAL PETITION NO. 16262 OF 2025

BETWEEN:

V. VENKAT SAI KIRAN, SON OF R. VENUGOPAL AGED ABOUT 37 YEARS

RESIDING AT NO. 9, 5TH CROSS,

BEHIND KAMAKYA THEATRE,

KAMAKYA LAYOUT, BSK 3 STAGE,

BANGALORE SOUTH,

BANGALORE - 560 085.

…PETITIONER

(BY SRI. RAGHAVA P, ADVOCATE)

AND:

Digitally signed 1. STATE OF KARNATAKA

by

SHARADAVANI BY YESHWANTHAPURA POLICE STATION,

B

BENGALURU,

Location: High

Court of KARNATAKA - 560 012.

Karnataka

2. SRI. DAYANAND M.J

POLICE INSPECTOR SIT CCB

BOTH REPRESENTED BY THE SPP

HIGH COURT OF KARNATAKA

BENGALURU - 560 001.

…RESPONDENTS

(BY SRI. ANOOP KUMAR, HCGP)

THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO A. QUASH THE FIR DATED 03.05.2025 IN CR.NO.139/2025 LODGED BY THE RESPONDENT POLICE AUTHORITIES, YESHWANTHPURA POLICE STATION PENDING ON THE FILE OF THE HONBLE 1sT ADDL CHIEF JUDICIAL MAGISTRATE COURT, BENGALURU FOR ALLEGED OFFENCE P/US/ 318(4) BNS AGAINST THE PETITIONER (ANNEXURE B).

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 captioned petition is filed seeking quashing of the proceedings pending in C.C.No.23388/2025 arising out of Crime No.139/2025 for the offence punishable under Section 318(4) of Bharatiya Nyaya Sanhita, 2023.

2. Facts leading to the case are as under:

The petitioner stands charge-sheeted for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, arising out of Crime No.139/2025. The specific allegation against the present petitioner, who is arrayed as accused No.4, is that he was allegedly involved in the sale and resale of IPL tickets, which led to the registration of the aforesaid crime. Upon completion of investigation, the Investigating Officer has laid the charge sheet for the said offence.

3. Learned counsel appearing for the petitioner, reiterating the grounds urged in the petition, has specifically drawn the attention of this Court to paragraph No.20 of the petition and submits that the allegations levelled against the present petitioner are identical to those attributed to accused Nos.3 and 5 in the very same crime number. It is pointed out that the proceedings against the said co-accused have already been quashed by the Co-ordinate Benches of this Court in Crl.P.No.11578/2025 and Crl.P.No.11219/2025. Placing reliance on the said orders and the law laid down by this Court in Somarapu Vamshi vs. State of Karnataka (2025 SCC Online Kar 1436), learned counsel would contend that the petitioner is entitled to the benefit of parity and that the continuation of proceedings against him would be wholly arbitrary and unsustainable in law.

4. Per contra, learned Additional Government Advocate, while not disputing either the orders passed by the Co-ordinate Benches of this Court in respect of the co- accused or the legal position enunciated in the aforesaid judgment, would submit that since the investigation is complete and the charge sheet has already been filed, no indulgence is warranted at this stage and the petitioner may be relegated to face trial.

5. Having heard learned counsel for the parties and upon careful perusal of the material placed on record, this Court takes note of the settled legal position laid down by this Court with regard to the alleged sale and resale of IPL tickets. In Somarapu Vamshi (supra), this Court has categorically held that mere sale or resale of IPL tickets, in the absence of any statutory prohibition or fraudulent element, does not constitute an offence, much less an offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.

6. This Court also cannot lose sight of the undisputed fact that the allegations against the present petitioner are indistinguishable from those levelled against accused Nos.3 and 5, whose proceedings arising out of the very same crime number have already been