Bengaluru: The Karnataka High Court has granted bail to Fairoz Pasha, one of the accused in the 2020 Bengaluru riots case, observing that he had spent more than five-and-a-half years in judicial custody and that several co-accused facing similar charges had already been granted bail.

A Division Bench comprising Justices Mohammad Nawaz and G. Basavaraja allowed Pasha’s appeal, holding that the prolonged incarceration and the principle of parity justified granting him bail.

Court cites prolonged custody and parity

Pasha, listed as Accused No. 19 in the National Investigation Agency (NIA) chargesheet, was arrested on August 12, 2020, following the riots that erupted in Bengaluru’s DJ Halli and KG Halli areas.

The High Court noted that he had remained in custody for over five-and-a-half years, while the trial was unlikely to conclude anytime soon as the prosecution has cited 267 witnesses.

The Bench also observed that several co-accused, including those booked under the Unlawful Activities (Prevention) Act (UAPA), had already secured bail from the High Court or the Supreme Court.

NIA court had rejected bail

Earlier this year, the Special NIA Court had rejected Pasha’s bail application, holding that there was prima facie material suggesting his involvement in a conspiracy to incite violence through inflammatory social media posts.

The trial court had also cited the seriousness of the offences and the restrictions on granting bail under Section 43D(5) of the UAPA.

However, the High Court set aside that order while hearing Pasha’s appeal under Section 21(4) of the National Investigation Agency Act.

Bail subject to strict conditions

The High Court directed Pasha to execute a personal bond of ₹1 lakh with two sureties of the same amount.

It also imposed conditions requiring him to inform the police of his residential address and any change in residence, refrain from influencing witnesses or tampering with evidence, and cooperate fully with the ongoing trial.

The 2020 Bengaluru riots, triggered by an objectionable social media post, resulted in widespread violence, arson, damage to public property and the deaths of four people. The trial in the case is still underway.