The Karnataka High Court has granted bail to Fairoz Pasha, an accused in the 2020 Bengaluru riots case, after taking note of his prolonged incarceration of more than five years and the fact that several similarly placed co-accused had already secured bail. The Court held that the principle of parity, coupled with the extended period of custody and the likely delay in conclusion of the trial, justified granting him relief.

A Division Bench comprising Justice Mohammad Nawaz and Justice G. Basavaraja allowed Pasha's appeal under Section 21(4) of the National Investigation Agency (NIA) Act and set aside the Special Court's earlier order refusing him bail.

The prosecution case relates to the large-scale violence that broke out in Bengaluru on the night of August 11, 2020, within the jurisdiction of the DJ Halli and KG Halli police stations. The National Investigation Agency (NIA), which later took over the investigation, alleged that the riots were the result of a planned conspiracy involving members of the Social Democratic Party of India (SDPI).

According to the prosecution, Fairoz Pasha circulated provocative audio and video messages on social media and allegedly amplified a controversial social media exchange involving Naveen, the nephew of a Congress MLA, by forwarding it through WhatsApp and other platforms. Investigators alleged that these actions fuelled public anger and contributed to the mobilisation of crowds that later attacked the residences of public representatives as well as the DJ Halli and KG Halli police stations.

The violence allegedly resulted in the death of four persons, extensive damage to public property, and the destruction of police and private vehicles. Following its investigation, the NIA filed a charge sheet against 109 accused persons, invoking provisions of the Unlawful Activities (Prevention) Act (UAPA) against 24 of them.

In February 2026, the Special Court dealing with NIA cases rejected Pasha's bail application after concluding that the allegations disclosed a prima facie case under the UAPA. The Court held that the statutory restrictions on grant of bail under Section 43D(5) of the Act were attracted.

Before the High Court, the appellant argued that multiple co-accused facing similar allegations had already been granted bail by both the Supreme Court and the Karnataka High Court. The defence also highlighted that Pasha had remained in judicial custody since August 12, 2020, and that the trial was unlikely to conclude in the near future.

The Division Bench accepted these submissions, noting that bail had already been granted to several co-accused in the same prosecution. The Court also considered the fact that the prosecution proposed to examine as many as 267 witnesses, making it evident that the trial would require considerable time to conclude.

Taking into account the appellant's prolonged incarceration, the delay in completion of the trial, and the principle of parity with other accused who had already been enlarged on bail, the High Court held that the appellant was entitled to similar relief.

Accordingly, the Court allowed the appeal, set aside the Special Court's order, and directed Fairoz Pasha's release on bail subject to stringent conditions. These include furnishing a personal bond of ₹1 lakh with two sureties, refraining from influencing prosecution witnesses, and not leaving the jurisdiction of the trial court without prior permission.

Case: Fairoz Pasha v. National Investigation Agency. Bench: Justice Mohammad Nawaz and Justice G. Basavaraja. Judgment Date: June 3, 2026.