The Karnataka High Court has held that once a victim's statement is recorded before a jurisdictional Magistrate under Section 183 BNSS the Investigating Officer (IO) cannot independently record a further statement of the victim.

“Even if the Investigating Officer had to record the further statement of the victim girl, after her statement was recorded under Section 183 of BNSS, 2023 before the jurisdictional Magistrate, he ought to have produced the victim girl before the jurisdictional Magistrate for recording her further statement and he could not have proceeded to independently record her further statement,” Justice S. Vishwajith Shetty said, while allowing the criminal petition seeking anticipatory bail.

The High Court added, “The very sanctity of recording the statement under Section 183 BNSS, 2023, by the jurisdictional Magistrate has been frustrated in the present case by the Investigating Officer and this practice cannot be appreciated.”

The case arose from an FIR registered on January 22 for the offence of kidnapping under Section 137(2) of the BNS against unknown persons, based on a complaint filed by the victim's mother. During the probe, the girl was found and she recorded her statement before the Magistrate on January 29, 2026, wherein she stated that she left her home after she being scolded and travelled to Murugamalla, where she stayed in a Darga for about three days before being found by the police.

On February 12, 2026, the IO recorded a further statement of the victim girl, wherein she alleged that the petitioner sexually assaulted her. Following this, a charge sheet was filed under the BNS and POCSO Act against the petitioner and his relatives. Apprehending arrest, the petitioner approached the sessions court but his anticipatory bail plea was rejected. Aggrieved by this, he approached the High Court.

Considering the facts of the case and the allegations levelled against the petitioner, Justice Shetty said, “I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions.”

Accordingly, the High Court allowed the petition and directed the police to release the petitioner in the event of his arrest, subject to him appearing before the IO within 15 days and executing a personal bond of Rs 1 lakh with two sureties. The Court further ordered the petitioner to regularly appear before the trial court, not to tamper with the prosecution witnesses and to cooperate with the police for investigation.