The investigation into the alleged sale of pirated copies of late journalist Ravi Belagere’s novel can now proceed, with the Karnataka High Court refusing to quash the FIR Against Amazon.
Bengaluru: Having stayed the investigation in May while the petition was pending, the Karnataka High Court on Wednesday, November 4, dismissed a petition by Amazon Seller Services Private Limited seeking to quash an FIR registered over the alleged sale of counterfeit copies of the late journalist Ravi Belagere’s Kannada novel Heli Hogu Kaarana through unauthorised sellers on its e-commerce platform [Amazon Seller Services Private Limited v. State of Karnataka and Another].
Justice M Nagaprasanna pronounced the order in open court with a single word, “Dismissed”. The detailed order is awaited.
Amazon’s safe harbour plea
Safe harbour under Section 79 of the Information Technology Act, 2000 was Amazon’s primary ground. Senior Advocate Sandesh J Chouta, appearing for the company, had argued that it acts only as an intermediary, providing a marketplace on which independent sellers list their products and decide their own prices.
Section 79, he had contended, protects intermediaries from liability for third-party content hosted on their platforms, provided due diligence is exercised. He relied on the Supreme Court’s 2015 ruling in Shreya Singhal v. Union of India, which upheld the provision.
Apart from quashing, Amazon had sought interim directions against coercive action on its officers and a stay on the notice issued to its representatives under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita on May 5, 2026.
The complaint and the FIR
The copyright holder of the book, the writer’s daughter, filed the complaint on behalf of Bhavana Publications. It alleges that Amazon and other e-commerce platforms facilitated infringement of the copyright in her father’s novel by allowing counterfeit copies to be sold on their sites.
The FIR, which also names platforms such as Flipkart and Meesho, invokes Section 51(1)(b) (infringement of copyright) and Section 63 (offence of infringement) of the Copyright Act, 1957. The allegations are yet to be tested in investigation or trial, and the Court’s refusal to quash is not a finding of guilt; the presumption of innocence continues to apply.
Why the order matters
Online marketplaces routinely rely on Section 79 of the IT Act to resist criminal liability for what third-party sellers list. The dismissal of Amazon’s petition means the investigation into the alleged sale of pirated books can now proceed, and the platform’s intermediary defence will have to be tested on facts rather than at the threshold.
For authors and regional publishers, the case is a significant test of whether copyright holders can use criminal law against e-commerce platforms over counterfeit goods. The detailed reasons, once released, should clarify how the Court weighed the safe harbour claim against the allegations in the FIR.
Case Title: Amazon Seller Services Private Limited v. State of Karnataka and Another
Case Number: Criminal Petition No. 7018 of 2026
Bench: Justice M Nagaprasanna, Karnataka High Court
Date of Order: November 4, 2026 (detailed order awaited)
Appearance: Senior Advocate Sandesh J Chouta for the petitioner