2020 Bengaluru Riots: Karnataka High Court Grants Bail To Fairoz Pasha After 5 Years In Jail, Cites Parity With Co-Accused
The Karnataka High Court has recently granted bail to 2020 Bengaluru Riots accused Fairoz Pasha by reasoning that he had undergone incarceration for over 5 years and that his co-accused have already been granted the relief sought for. [ 2026 LiveLaw (Kar) 240]
The Division Bench of Justices Mohammad Nawaz and G.Basavaraja held in the appeal preferred by Pasha that, on the ground of parity, along with the aspect of 5 ½ years of incarceration, the accused was entitled to bail.
“…The learned counsel for the appellant would submit that similarly placed accused who are charged under the UA(P) Act, are enlarged on bail by this Court as well as by the Apex Court. …It is not in dispute that the accused who are also charged under the UA(P) Act, are enlarged on bail. …The appellant was arrested on 12.08.2020. He is in judicial custody for more than 5½ years. There are 267 witnesses cited in the charge sheet. The conclusion of the trial may take considerable time.In the above facts and circumstances and on the ground of parity, the prayer of the appellant for bail can be considered”, the court opined.
The division bench noted that Accused No.s 4,6,9 and 12-18 and 20-24 were granted bail by the High Court and the Supreme Court in different proceedings. Pasha is Accused No.19 in the chargesheet filed before the NIA court.
To recap, Pasha is accused of mobilising a large-scale violence which occurred on August 11, 2020, within the limits of the DJ Halli and KG Halli police stations in Bengaluru. According to the NIA chargesheet, the incident was allegedly the result of a derogatory Facebook post against Hindu deities by Pasha, followed by a similarly worded counter-post against Prophet Mohammed posted by the nephew of an ex-congress MLA, R. Akhanda Srinivas Murthy.
It was alleged that a group of 200-300 people gathered near the DJ Halli Police Station and attacked the police personnel with weapons, vandalizing government property, and burning vehicles. The violence resulted in four deaths, police firing and arson. Pasha was arrested on August 12, 2020.
A case was initially registered at DJ Halli Police Station. Later, the NIA took over the investigation on September 21, 2020. In the chargesheet, 109 persons were made accused with UAPA provisions invoked against 24 persons specifically, including Pasha.
In February 2026, the NIA court rejected Pasha's bail application on the ground that he was a part of the conspiracy to incite riots and he posted incendiary content on a public platform in its furtherance, committing a terrorist act that caused widespread damage to public and private property.
According to the trial court, the allegations levelled against Pasha by NIA seemed to be prima facie true. The court also opined that offences alleged against the appellant are serious in nature and there is a bar under Section 43D(5) of the UA(P) Act to grant bail.
While allowing the appeal filed under Section 21(4) of the National Investigation Agency Act, the High Court, however, aside the order denying bail by the Special Court for Trial of NIA cases.
The conditions imposed on the accused are executing a personal bond for a sum of Rs.1,00,000 with two sureties for the like sum, intimating the current residential address and any further changes to the police, non-tampering of witnesses and evidence, and cooperation with the trial.
Case Title: Fairoz Pasha v.NIA
Case No: CRIMINAL APPEAL NO. 600 OF 2026 (21(NIA))
Citation: 2026 LiveLaw (Kar) 240