Karnataka High Court
Sri. Harshavardan. H vs The State Of Karnataka on 21 November, 2025
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NC: 2025:KHC:48114
CRL.P No. 11428 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST 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
4TH MAIN, 10TH 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
by CHAITHRA A REP. BY SPP
Location: HIGH
COURT OF
HIGH COURT BUILDING.
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
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CRL.P No. 11428 of 2025
HC-KAR
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
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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
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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
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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."
5. In view of the legal position laid down by the
Co-ordinate Bench in an identical matter, this Court is of
the considered opinion that the continuation of the present
proceedings would serve no fruitful purpose. Even if the
allegations contained in the complaint are accepted on
their face value and taken at their highest, the essential
ingredients constituting the offence punishable under
Section 318(4) of the BNS, 2023 are not made out.
The likelihood of securing a conviction, therefore, is
extremely remote and bleak. In such circumstances,
permitting the prosecution to continue would amount to an
abuse of the process of law. Consequently, to secure the
ends of justice, this Court finds it appropriate to invoke the
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inherent jurisdiction conferred under Section 482 of
Cr.P.C.
6. Having regard to the foregoing discussion, this
Court is satisfied that the allegations do not prima-facie
disclose the commission of any offence as alleged. The
initiation and continuation of proceedings against the
petitioner, therefore, constitute an abuse of process of the
Court. Accordingly, this Court proceeds to pass the
following:
ORDER
(i) The Criminal Petition is hereby allowed.
(ii) The charge-sheet and all further
proceedings in C.C.No.23388/2025 arising out
of Crime No.139/2025 for the alleged offence
under Section 318(4) of the BNS, 2023 are
hereby quashed.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NBM
