Shafiulla @ Auto Shafi vs State Of Karnataka on 22 July, 2025

Supreme Court – Daily Orders

Shafiulla @ Auto Shafi vs State Of Karnataka on 22 July, 2025

                                          IN THE SUPREME COURT OF INDIA
                                         CRIMINAL APPELLATE JURISDICTION



                                   CRIMINAL APPEAL NO.        OF 2025
                                       (@ SLP(CRL.) No.5826/2025)


                         SHAFIULLA @ AUTO SHAFI                           APPELLANT(S)

                                                         VERSUS

                          STATE OF KARNATAKA                               RESPONDENT(S)


                                                         O R D E R

1. Leave granted.

2. We have heard the learned Senior counsel

appearing for the appellant and the learned

counsel appearing for the State.

3. The appellant has been arraigned as an accused

in Crime No.111/2023 for the offences

punishable under Sections 504, 302 read with

Section 34 of the Indian Penal Code, 1860 (for

short, ‘IPC’).

4. Learned Senior counsel appearing for the

appellant submitted that the appellant has been

Signature Not Verified
under incarceration for a period of more than
Digitally signed by
SWETA BALODI
Date: 2025.07.23
18:12:10 IST 1½ years. The charges are yet to be framed as
Reason:

one of the co-accused has stated to be

1 SLP(CRL.) No.5826/2025
absconding.

5. It is further submitted that the alleged

occurrence has taken place in pursuant to an

accident between two cars.

6. Learned counsel appearing for the State

submitted that there is a specific overt act

attributed to the appellant. The co-accused is

absconding and that is the reason why the

matter is not proceeding further before the

trial Court. Considering the above, the

impugned order should not be interfered.

7. We are inclined to set aside the impugned order

as the appellant has been under incarceration

for more than 1½ years and there is no further

progress in the trial. Even as per the case of

the prosecution, the occurrence has happened in

pursuant to an accident. Therefore, the major

question will be whether the appellant is

liable to be charged under Section 304 Part-1

or under Section 302 of the IPC, as the case

may be.

8. Considering the above, we are inclined to set

aside the impugned order and grant bail to the

2 SLP(CRL.) No.5826/2025
appellant.

9. Accordingly, the impugned order stands set

aside and the appellant is granted bail,

subject to the terms and conditions that may be

imposed by the Trial Court.

10. The appeal is allowed, accordingly.

11. Pending application(s), if any, shall stand

disposed of.

……………………………………………………………………J.
[M.M. SUNDRESH]

………………………………………………………………………J.
[NONGMEIKAPAM KOTISWAR SINGH]

NEW DELHI;

22nd JULY, 2025

3 SLP(CRL.) No.5826/2025
ITEM NO.9 COURT NO.6 SECTION II-E

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)
No(s). 5826/2025

[Arising out of impugned final judgment and order
dated 29-01-2025 in CRLP No. 706/2025 passed by the
High Court of Karnataka at Bengaluru]

SHAFIULLA @ AUTO SHAFI Petitioner(s)

VERSUS

STATE OF KARNATAKA Respondent(s)

Date : 22-07-2025 This petition was called on for
hearing today.

CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

For Petitioner(s) Mr. S N Bhat, Sr. Adv.

Mr. D P Chaturvedi, Adv.

Mr. Tarun Kumar Thakur, Adv.
Mr. Abhay Choudhary M, Adv.

Mr. Vivek Ram R, Adv.

Ms. Anuradha Mutatkar, AOR

For Respondent(s) Mr. Prateek Chadha, A.A.G.
Mr. D. L. Chidananda, AOR

UPON hearing the counsel the Court made
the following
O R D E R

Leave granted.

The relevant portion of the order reads as
under:-

‘Accordingly, the impugned
order stands set aside and the
appellant is granted bail,
subject to the terms and

4 SLP(CRL.) No.5826/2025
conditions that may be imposed
by the Trial Court.’

The appeal is allowed in terms of the

signed order.

Pending application(s), if any, shall
stand disposed of.

(SWETA BALODI) (POONAM VAID)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)

5 SLP(CRL.) No.5826/2025