Karnataka HC Grants Bail to Accused No.19 in NIA's D.J.Halli Violence Case on Ground of Parity

A Division Bench of the Karnataka High Court enlarged Fairoz Pasha on bail after over five-and-a-half years in custody, citing bail granted to similarly placed co-accused under the UAPA.

A Division Bench of the High Court of Karnataka, comprising Justice Mohammad Nawaz and Justice G. Basavaraja, on 3 June 2026 set aside the bail refusal order against Fairoz Pasha, arraigned as accused No.19 in the National Investigation Agency's charge sheet arising from the D.J.Halli violence of 11 August 2020. The Bench allowed Criminal Appeal No. 600 of 2026, filed under Section 21(4) of the National Investigation Agency Act, 2008, primarily because multiple co-accused charged under the same provisions of the Unlawful Activities (Prevention) Act, 1967 had already been released on bail by this Court and by the Supreme Court of India. Pasha had been in judicial custody since 12 August 2020 — a period exceeding five-and-a-half years.

The D.J.Halli Violence and the NIA Prosecution

According to the prosecution's case, on the night of 11 August 2020, a mob of approximately 200 to 300 persons gathered near D.J.Halli Police Station in Bengaluru, armed with dangerous weapons. The mob was agitating against one Naveen, who had posted what was described as a blasphemous comment against the Prophet on his Facebook account. The crowd shouted unparliamentary words, attempted to attack the police, and burnt police vehicles parked in the station premises.

A case was registered as Crime No. 195/2020 at D.J.Halli Police Station. Investigation was subsequently taken over by the NIA and registered as R.C. No. 34/2020/NIA/DLI. On completion of the investigation, the NIA filed a charge sheet against 109 accused persons for offences punishable under Sections 143, 147, 307, 436, 353, 332, 333, 427, 504, 506, 149 and 34 of the Indian Penal Code, 1860; Sections 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967; Section 4 of the Prevention of Damage to Public Property Act, 1984; and Section 2 of the Karnataka Prevention of Destruction and Loss of Property Act, 1981.

Of the 109 accused, the UA(P) Act provisions were invoked against accused Nos. 1 to 24. Fairoz Pasha, accused No.19, was arrested on 12 August 2020, the day after the incident.

Why the Special Court Refused Bail

The XLIX Additional City Civil and Sessions Judge, sitting as the Special Court for Trial of NIA Cases (CCH-50) at Bengaluru, rejected Pasha's bail application by order dated 7 February 2026. The Special Court found that, in furtherance of a conspiracy, the appellant had posted a video on a news channel and on Facebook that was derogatory in nature, and that this conduct contributed to a terrorist act resulting in large-scale destruction of the police station building and government and private vehicles.

The Special Court further held that the charge sheet materials showed reasonable grounds to believe that the allegations against Pasha were prima facie true. It also applied the bar under Section 43D(5) of the UA(P) Act, which restricts the grant of bail where the court is of the opinion that there are reasonable grounds to believe that the accusation is prima facie true.

The Parity Argument Before the Division Bench

Before the Division Bench, counsel for Pasha argued that co-accused persons facing identical charges under the UA(P) Act had been enlarged on bail both by the Karnataka High Court and by the Supreme Court. He submitted that Pasha was entitled to the same treatment on the ground of parity.

The Bench verified this position from the bail orders placed on record. It found that, by its own order dated 25 April 2026 in Crl.A. No. 587/2026 and connected matters, this Court had enlarged accused Nos. 6, 12, 17, 18, 22, 23 and 24. Accused No.16 had been granted bail in Crl.A. No. 1482/2024 by order dated 9 February 2026.

The Supreme Court had separately granted bail to several others: accused No.15 on 28 January 2026 in Crl.A. No. 510/2026; accused Nos. 20 and 21 on 28 January 2026 in Crl.A. Nos. 506/2026 and 507/2026; accused No. 9 on 18 March 2026 in Crl.A. No. 1483/2026; and accused Nos. 4, 13 and 14 on 15 May 2026 in SLP(Crl.) No. 18985/2025.

The Bench also took note of the protracted nature of the trial. The charge sheet cited 267 witnesses, and the court observed that conclusion of the trial may take considerable time. Pasha had by then spent more than five-and-a-half years in judicial custody.

The Bench's Reasoning

Justice Mohammad Nawaz, writing the oral judgment for the Bench, stated that the allegations against Pasha had to be proved in due course and it was not in dispute that co-accused also charged under the UA(P) Act had been enlarged on bail. The Bench was satisfied that, in the above facts and circumstances, the parity ground warranted consideration of Pasha's prayer.

The judgment does not disturb the Special Court's prima facie findings or express any disagreement with the application of Section 43D(5) as a general proposition. The grant rests entirely on the parity with similarly placed co-accused who had already secured bail from coordinate or superior benches.

Bail Conditions Imposed

The Bench set aside the Special Court's order dated 7 February 2026 and directed Fairoz Pasha's release on bail subject to the following conditions:

• He shall execute a personal bond for Rs. 1,00,000 (Rupees One Lakh) with two sureties for the like sum, to the satisfaction of the trial Court.
• He shall furnish proof of his residential address and inform the Court of any change in address.
• He shall not tamper with prosecution witnesses, directly or indirectly.
• He shall not leave the jurisdiction of the Court without prior permission, until disposal of the case.
• He shall co-operate with the trial Court by regularly appearing before it; any exemption from appearance shall be subject to the satisfaction of the trial Court.

Order

Criminal Appeal No. 600 of 2026 was allowed. The order dated 7 February 2026 passed by the XLIX Additional City Civil and Sessions Judge, Special Court for Trial of NIA Cases (CCH-50) at Bengaluru in Spl.C. No. 152/2021, was set aside. Fairoz Pasha, accused No.19, was directed to be released on bail subject to the conditions set out above. The matter in Spl.C. No. 152/2021 continues before the Special Court.