[Cites 0, Cited by 0]
Karnataka High Court
V Venkat Sai Kiran vs State Of Karnataka on 9 January, 2026
-1-
NC: 2026:KHC:1258
CRL.P No. 16262 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH 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.
by STATE OF KARNATAKA
SHARADAVANI BY YESHWANTHAPURA POLICE STATION,
B
Location: High BENGALURU,
Court of
Karnataka KARNATAKA - 560 012.
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)
-2-
NC: 2026:KHC:1258
CRL.P No. 16262 of 2025
HC-KAR
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
NC: 2026:KHC:1258
HC-KAR
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.
NC: 2026:KHC:1258
HC-KAR
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.
NC: 2026:KHC:1258
HC-KAR
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 quashed by Co-
ordinate Benches of this Court. Denial of similar relief to
the present petitioner would amount to hostile
discrimination and would defeat the principle of parity. In
the light of the binding precedent and to ensure
consistency in judicial approach, this Court is of the
considered view that the proceedings against the present
petitioner are also liable to be quashed.
7. Accordingly, this Court is inclined to exercise its
inherent jurisdiction under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023. If such jurisdiction is not
exercised, the petitioner would be compelled to undergo
the rigours of a protracted criminal trial despite the fact
that the proceedings against similarly placed co-accused
have already been quashed and the very substratum of
NC: 2026:KHC:1258
HC-KAR
the prosecution stands eroded. Continuation of the
proceedings would, therefore, amount to an abuse of the
process of law. Hence, in order to secure the ends of
justice, the proceedings against the petitioner for the
offence punishable under Section 318(4) of BNS, 2023,
deserve to be quashed.
8. Accordingly, this Court passes the following:
ORDER
i. The criminal petition is allowed;
ii. The proceedings pending in
C.C.No.23388/2025 on the file of 1st
Additional Chief Judicial Magistrate Court,
Bengaluru, as against accused no.4 are
hereby quashed.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
HDK
List No.: 1 Sl No.: 5
